With the Super Bowl here, many people will be attending parties at bars and at homes throughout the Commonwealth. It is important to remember that just as many of you will be out celebrating the Super Bowl, the police will be out looking for those suspected of DUI. As a result, keep in mind a few pieces of information from a DUI Attorney.
First of all, the police may pull you over for any civil motor vehicle infraction. This includes, speeding, going over the marked lanes, as well as committing a right turn violation, just to name a few. Similarly, as the officer approaches the vehicle, if he or she smells the odor of an alcoholic beverage within the vehicle, or if the operator has red, glossy eyes or even looks lethargic, the police officer will ask a series of question to elicit if alcohol was being consumed, how much, and when.
At this point, if the officer suspects that the operator has consumed alcohol or may be under the influence of alcohol, the operator will be ordered out of the vehicle and asked to perform field sobriety tests. Keep in mind that the officer is looking to see if the driver has any difficulty turning the vehicle off, and exiting the vehicle at this point. It is further worth noting that even though the police may ask an operator to perform field sobriety tests, you are under no obligation to do so, and any refusal is inadmissible at trial against you under Massachusetts law.
Finally, if the police make the decision to arrest, there will be an opportunity to take a breathalyzer test back at the police station. A refusal on this test is similarly inadmissible at trial in the Commonwealth’s case in chief under Massachusetts law, however, a significant consequence of a breathalyzer test refusal is loss of license.
So if you or someone you know finds yourself charged with DUI, contact a DUI attorney who will fight for you at trial, and who will help you to regain your license as quickly as possible. Don’t hesitate, call right away.