DUI/OUI
INFORMATION CENTER

Massachusetts OUI arrests arise in different ways.  A working mother in Worcester, on her way home from an office Christmas party, may have been fumbling with her CD player.  When the officer observed her, he pulled the woman over, smelled alcohol, and arrested her for drunk driving.  In another case, a serious accident may have happened on the Cape which resulted in injury.  An investigation began which later led to an arrest.

No matter how it happens, a drunk driving arrest can be a frightening experience.   

Why Hiring a DUI/OUI Attorney is Important

Given how complicated the Massachusetts legal system can be, handling an OUI arrest on your own is a big mistake.  If deadlines are missed or overlooked, you'll be waiving many rights that you have under the Massachusetts Declaration of Rights and United States Constitution.  If you wait too long to hire an attorney, you will lose your rights to contest the suspension of your driver's license with the Registry of Motor Vehicles (RMV).  You need to hire a law firm that handles many OUI/DUI matters and stays current with the ever-changing laws.

Since your driving privileges are at stake and you could face large fines, probation, extended suspensions, or even jail time, call our DUI Defense Attorneys now at (800) 461-6900 or contact us online.  

To learn even more about drunk driving laws in Massachusetts, go to the website of our sister firm, The Massachusetts DUI Defense Group. 

Our Game Plan
For All DUI/OUI Arrests

The first thing our attorneys do is conduct a thorough investigation into the specific facts of your case.  We discuss with you the following issues and determine:  

• Whether there was reasonable suspicion for a traffic stop; 
• Whether there was sufficient probable cause for an arrest;
• Whether your Miranda rights or any other constitutional rights were violated;
• Whether the field sobriety tests were administered properly; and
• Whether the breathalyzer testing was done in accordance with strict procedure.

From there, we answer the big questions:  Will I go to jail?  What penalties are involved?  When can I get my license back? 

No matter where you were pulled over and arrested - on the Lowell Connector between Route 3 and I-495; along Interstate 90 (the Mass Pike); on Storrow Drive or Memorial Drive near Cambridge and Fenway Park; Route 9 between Worcester and Boston; the Mid-Cape Highway on Cape Cod; along Interstate 84 (Wilbur Cross Highway) from the Connecticut state border to the Mass Pike at Exit 9; or even the Worcester-Providence Turnpike, which connects Providence and Worcester - our DUI Defense Attorneys will design a bullet-proof defense strategy to protect your rights and freedom. 

Law Enforcement Must
Follow NHTSA Guidelines

In each of the 351 towns and cities in Massachusetts, law enforcement must follow the strict guidelines established by the National Highway Traffic Safety Administration in order for a DUI arrest to be valid. 

First, understand that police officers have been given 20 clues that are associated with impaired driving.  These include, but are not limited to:  turning with a wide radius; straddling the center or lane marker; appearing to be impaired; almost striking an object or another vehicle, weaving, swerving, driving at a speed slower than 10 mph below the limit, stopping for no apparent reason; or braking erratically. 

Elements of the Crime

Assuming that there was a valid search, the next aspect for our attorneys to investigate is whether the prosecutor can prove, beyond a reasonable doubt, each of the elements of the OUI statute.  These are that:  (1) you were operating a motor vehicle, (2) on a public way, (3) under the influence of alcohol or specific drugs. 

Admission alone is not enough for the District Attorney's office to sustain a conviction.  The rationale behind this rule is to ensure that a crime did in fact take place and that the act was committed by someone.  In other words, the crime had to be real and not imaginary.  Other points of case law relating to the operational element can be found here . 

As for the public way element, if you were driving on a public road or in a place where the public has a right of access, that will typically suffice.  

The third element - under the influence - is where subjectivity comes in, and where our defense attorneys forward a zealous argument on your behalf. 

Field Sobriety Tests

In Massachusetts, the most common field sobriety tests are: 

• The Alphabet Test - The defendant is asked to say (not sing) the alphabet


• Backwards Counting Test - The defendant is asked to count backwards, beginning and ending with a specific number


• Walk and Turn Test - The defendant is asked to walk in a straight line, touching heel to toe and not raising his or her arms, turn around, and return doing the same


• One-Legged Stand Test - The defendant is asked to stand still with one leg raised six inches off the ground and count to a specific number (usually 30)

Half of the tests outlined above aren't even included in the NHTSA manuals.  Accordingly, there is no guidance to how these tests should be administered.  This, by itself, is enough to have your charges dismissed or reduced.  Even those tests that are contained in the manuals, such as the walk and turn test and the one-leg stand, are administered improperly more often than not.  The interpretation of the results is often highly subjective and flawed.   

Breathalyzer Testing

The Breathalyzer Defense Attorneys at our firm are building our careers around overcoming seemingly impossible challenges, such as strong breathalyzer test evidence.  Even if you blew above a .08 (.02 if you are Under-21), we often file a Motion for Breath-Testing Device and Operation Information, Motion for Disclosure of Chain of Custody, and other motions. 

If you have refused a breath test, our work as defense attorneys is that much easier.  We'll lose very few cases when a client refuses the test and there was no accident.  Although there are RMV ramifications for test refusals, it is very difficult for the Commonwealth of Massachusetts to prove a driver was intoxicated if he or she refused a breathalyzer test.   

Even still, if you refuse a breath test in Massachusetts you may lose your license for six months if you are a first-time offender.  Your vehicle will be impounded, and you may not be eligible for a Hardship License. 

Ignition Interlock Devices

Repeat offenders of drunk driving charges, or those seeking a Hardship License or license reinstatement privileges must install an ignition interlock device (IID) into each vehicle he or she owns, leases, or operates.  This hand-held breath-alcohol monitoring devise electronically connects to the ignition and won't start if the driver's blood alcohol is above a .02. 

Upon installation of an IID, your license is designated with the Z restriction - which stands for Massachusetts' zero tolerance for drunk driving and informs the police of the restrictive nature of your driver's license. 

Potential Problems With Ignition Interlock Devices

While the use of the IID curtails drunk driving, several problems exist which include false positive results, malfunctions, and issues relating to shared vehicles.  Additionally, the fees relating to the device are to be paid by the offender.

In order to avoid problems, our Ignition Interlock Defense Attorneys suggest that our clients: 

• Avoid products that contain alcohol or any chemicals that could be mistaken for alcohol - certain mouthwashes and toothpastes, and anything with an ingredient that ends in "…ol."
   
• Do not eat in your car, and keep water handy so that you can drink prior to any rolling re-testing. 
   
• Make sure nothing is in your mouth when you take a test; rinsing with water can clear any contaminant. 
   
• Beware of using washer fluid prior to any test - alcohol vapors often get sucked into the passenger compartment.
• Document any false readings, contact the IID service provider, and keep copies of all receipts relating to repairs.

Financial Consequences of OUI Convictions

The cost of a DUI/OUI conviction is staggering.  Notwithstanding the minimum legal fee for legal representation ($3,000+), when you add up the fees for bail, increased insurance premiums, fines, alcohol education and treatment, IID fees, license reinstatement fees, towing, and all of the intangible fees, it makes sense to protect yourself by calling one of our DUI Defense Attorneys immediately.  Call (800) 461-6900 or contact us online for a no-obligation consultation at one of our convenient local offices.