Massachusetts has several strict laws that pertain to youths and alcohol related offenses especially when operating a motor vehicle is involved. The registry of motor vehicles (RMV) also takes alcohol related offenses involving minors very seriously. The RMV provides enhanced penalties for drivers under the age of 21 that are convicted of operating under the influence of alcohol or drugs, possession of open alcoholic beverage in a vehicle or refusing the breath test.
The OUI checkpoints must be adorned with road flares, signs and police vehicle flashing lights that are adequate to notify drivers that there is roadblock ahead. As drivers approach the entrance of the DUI roadblock they will be met by a uniformed officer that will direct the driver to pull their vehicle into a designated area where they will have a brief encounter with another officer for approximately one minute.
The most important decision you can make following an arrest for operating under the influence (OUI) is hiring an experienced lawyer.
Negligent operation of a motor vehicle is different than operating under the influence. However, it is common for a defendant to be charged with both offenses. Negligent operations charges are addressed the same time as the OUI charges.
Anyone that is classified as a habitual traffic offender by the registry of motor vehicles will have their license suspended for four years. Here’s what you need to know about major and minor offenses, and losing your license.
One of the most important parts of the recent court decision deals with the new instructions the court will need to give a jury on an OUI Marijuana case. The court must instruct jurors that field sobriety tests are not scientific evidence for determining marijuana intoxication/impairment and that any person could have difficulty performing these tests even if they are not under the influence of marijuana.
Operating Under the Influence of Drugs (OUI Drugs) is a serious criminal offense in Massachusetts that can result in jail time, fines, loss of your drivers license, and a criminal record. An OUI Drugs is very similar to a drunk driving or OUI alcohol case and we approach both cases essentially the same way.
Second-time OUI offenders that are allowed a hardship license must install an ignition interlock device on their vehicle. They are not allowed to operate any vehicle that does not have an ignition interlock device. You will also need to adhere to additional requirements for using an ignition interlock device and a failure to do may result in violations that carry severe penalties.
If you were arrested for an Operating Under the Influence/Driving Under the Influence (OUI/DUI) offense, you are facing two different cases against you. The first is a case that involves the status of your drivers license in Massachusetts and the other involves the criminal case and criminal penalties if found guilty.
An ignition interlock violation committed by someone with a hardship license will result in a revoked hardship license for the balance of the remaining revocation period plus an additional 10-year loss of license.
DCF will often get involved in situations where children were passengers in a motor vehicle that was pulled over for OUI. The courts will notify DCF that a child was in the vehicle and they will likely undertake an investigation to determine what is in the best interest of the child. DCF could take temporary custody of the child and any other children living in the defendant’s home. DCF would then create a care plan that would put in place alcohol treatment and supervised parental visits. In extreme cases DCF can take permanent custody and place the children in foster care.
The major difference between misdemeanor motor vehicle homicide and felony motor vehicle homicide is that in felony motor vehicle homicide the Commonwealth has to prove that the defendant both operated under the influence and operated negligently or recklessly as opposed to misdemeanor motor vehicle homicide where it is enough show that the defendant was either under the influence or operated negligently or recklessly.
A bodily injury is “serious” if it had any one of the following four characteristics: (1) it created a substantial risk of death; (2) it involved total disability; (3) it involved the loss of any bodily function for a substantial period of time; or (4) it involved substantial impairment of any bodily function for a substantial period of time.
If you were arrested with a group of other minors at a drinking party then we may be able to beat the charges. It isn’t enough for the prosecution to say that you were at a party where alcohol was present. Instead they will have to show beyond a reasonable doubt that you were in possession of, carrying, or transporting the alcohol. Often times police will simply charge all the minors present at a party with possession figuring they will let the court sort everything out.
Can you legally refuse to take a breath test? What is a chemical breathalyzer test? Are breath tests accurate?
There are many reasons why breath tests can produce false results. People who have diabetes and are producing ketones as a result of high blood sugars can have false test results.
Other reasons tests are not always accurate include improper set up and use, interference from nearby electrical devices…
Can you refuse to take a breath test in Massachusetts? What are the penalties and consequences for refusing to take a breathalyzer test?
A one leg stand is one of three main field sobriety tests Massachusetts law enforcement use as a means to measure any impairments a driver may have due to drinking or taking drugs. There are many factors that can cause the test to produce false results, even when a person is not intoxicated…
A walk-and-turn test is one of three main field sobriety tests Massachusetts law enforcement use as a means to detect or measure any impairments a driver may have due to drinking or taking drugs.
A Horizontal Gaze Nystagmus test is one of three main field sobriety tests Massachusetts law enforcement use as a means to detect or measure any impairments a driver may have due to drinking or taking drugs.
Melanie’s Law is named after a 13-year-old girl, Melanie Powell, who was killed in 2003 in a car accident caused by a drunk driver with multiple convictions. On October 28, 2005 the Massachusetts legislature enacted Melanie’s Law. It was signed into law to increase the criminal and driver’s license related penalties for DUI/OUI/DWI/Drunk Driving convictions in Massachusetts.
Melanie’s Law allows prosecutors to seek stiffer punishments for drunk drivers with repeated convictions. Prosecutors may use certified court records to prove prior drunk driving incidents, and Melanie’s Law also created new crimes under Massachusetts drunk driver laws…
Massachusetts General Law Chapter 90 Sections 24 and Section 24D explains Massachusetts OUI penalties. In Massachusetts, the law refers to certain drunk driving offenses as “Operating Under the Influence,” or “OUI.” Some other states use the term DUI (Driving Under the Influence) and DWI (Driving While Intoxicated.) However, under Massachusetts law, they all mean the same thing and carry the same criminal penalties if convicted…