Boston Criminal Defense Law Blog

How to stop your teen from drinking and driving
Law Office of Carney, Gaudet & Carney

Keeping a teenager out of trouble can be difficult, but it is a worthy pursuit. You do not want to see your teen get hurt, cause injury to someone else or face criminal penalties for making an unwise decision. But how can you stop your teenage child from drinking and driving? While you may not be…

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Are there additional OUI penalties for underaged drinkers?
Law Office of Carney, Gaudet & Carney

An OUI charge can follow you for a long while, and penalties can impact your life for years, depending on the number of offenses you have accumulated. These hardships are even greater if you are underage at the time of the incident. For drivers under 21, OUI penalties are especially strict. Know what to expect…

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Key OUI distinctions you should know
Law Office of Carney, Gaudet & Carney

A motor vehicle is a heavy piece of machinery that requires proper care and operation. For this reason, there are serious consequences when individuals operate any type of vehicle while under the influence of particular substances. If you or a loved one face OUI charges, it is important to understand the various aspects of the charges, so…

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OUI convictions may remain on criminal records
Law Office of Carney, Gaudet & Carney

OUI convictions may lead to a jail sentence and fines in Massachusetts. Other OUI conviction consequences include a criminal record that can follow the offender’s business and academic life and cost money. A first-time OUI conviction may carry a term of imprisonment of up to 2½ years, a fine of $500 to $5,000 and license suspension for…

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Is drunk biking illegal?
Law Office of Carney, Gaudet & Carney

Driving a vehicle while impaired is dangerous and a criminal offense in Massachusetts which can have serious legal consequences. But drunk or drug-impaired biking, while a terribly reckless thing to do, is not illegal in this state and does not have OUI conviction consequences. State law grants bicycles with all the rights and responsibilities of vehicles. However,…

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OUI conviction has insurance consequences
Law Office of Carney, Gaudet & Carney

Keeping up with insurance premiums can be a financial challenge with motorists with relatively good driving records. However, drivers may face expensive car insurance as one of their OUI conviction consequences in Massachusetts. An OUI conviction follows from a blood alcohol concentration of 0.08 percent. Commercial drivers have a stricter limit of 0.04 percent. Motorists under 21…

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Massachusetts breathalyzer tests currently inadmissible
Law Office of Carney, Gaudet & Carney

In January 2019, a District Court judge ruled that breathalyzer tests for people charged with OUI in the state of Massachusetts are, for the time being, inadmissible in court. Litigation has continued for years over this issue. A lack of reliable standards is at the core of the ongoing legal dust-up. A little history Breathalyzer…

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Marijuana-impaired driving tests may be flawed
Law Office of Carney, Gaudet & Carney

Massachusetts officials have been reviewing options on enforcing impaired driving laws after marijuana was legalized in the state. A report from a Michigan state commission studying the effects of marijuana on drivers may be instructive for Massachusetts’ enforcement and an OUI defense once these plans are finalized. Michigan’s impaired driving safety commission recommended that there should be…

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Binge drinking can lead an underage driver to an OUI charge
Law Office of Carney, Gaudet & Carney

College students under the age of 21 sometimes indulge in binge drinking with friends. They might believe they can drive themselves home afterward, but have they considered what happens if law enforcement pulls them over on suspicion of OUI? Binge drinking explained The Institute on Alcohol Abuse and Alcoholism National Advisory Council defines a binge…

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What proof is needed in an OUI prosecution?
Law Office of Carney, Gaudet & Carney

Like other criminal prosecutions, the Commonwealth bears the burden of proof and defendants do not have to prove their innocence. Even before an OUI defense is presented, the Commonwealth must prove its prosecution case beyond a reasonable doubt. The Boston prosecution does not have to prove that the driver was drunk. The Commonwealth must prove, beyond a…

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