OUI LAWYER

            Now that the football season is under way, many people will be attending and
hosting parties.  If you consume alcohol at such a party and then drive a motor vehicle, it is important to understand the law on operating under the influence of alcohol.

For example, operating under the influence is not the same as drunk driving.  There is no charge in Massachusetts called drunk driving.  It is sufficient for the
Commonwealth to show that an individual’s alertness, judgment and ability to
respond promptly were lessened by the consumption of alcohol.  The amount necessary to do this will vary from person to person.

Additionally, the Commonwealth may also prove an OUI charge by producing evidence that the person’s blood alcohol content was .08 or greater at the time of
operation.  This is typically done by presenting evidence of a breathalyzer test that is given back at the police station after the underlying arrest.  You are not required to take a breathalyzer test, and such a refusal is inadmissible in the government’s case in chief. Breathalyzer test refusals, however, carry with them significantdriver’s license consequences.

As a result, if you find yourself charged for operating under the influence of
alcohol, contact an OUI Lawyer who will fight for you.  The consequences are too severe to take the charges lightly.

OUI Lawyer

            If you are arrested for operating under the influence of alcohol, you will be offered
a breathalyzer test back at the police station.  In order for the breathalyzer test to be admissible in evidence, the police must meet certain minimum requirements, and any variance beyond these minimum requirements will typically go to the weight of the breathalyzer test
evidence and not its admissibility.

For instance, for a breath test to be admitted at trial in Massachusetts, the
police must show that the breath test operator was certified to administer
breathalyzer tests in the Commonwealth, and that the testing device was certified
at the time of the test.  Similarly, the arrested person’s consent to the test shall be documented by the police.

Additionally, the device has to be shown to be working properly at the time of the test and the test must be valid. For the test to be valid, the results must be within
.02 of one another.  For example, a testshowing results of .09 and .11 would be acceptable as they are within .02 of one another, yet results of .09 and .12 would be invalid.

          As a result, if you or someone you care about is charged with operating under the
influence of intoxicating liquor, and you decide to take the breathalyzer test,
contact an OUI Lawyer who has experience challenging breath test evidence.  Don’t hesitate, make the call today.

OUI Lawyer

As the summertime is ending, many of us will be attending celebrations, trying to enjoy the last warm days of the year.  If you consume alcohol at such a celebration, and then operate a motor vehicle, it is important to know your rights.

First of all, the police may stop you in Massachusetts for any observed civil motor vehicle infraction.  These infractions include speeding, marked lanes violation, and following too closely, just to name a few.

Similarly, you are not required to perform field sobriety tests, nor are you required to take a breathalyzer test at the police station.  A refusal to perform either of these tests can’t be used against you in the government’s case in chief.  This means that the refusals won’t come into evidence unless you mention them.

As a result, if you or someone you care about is arrested for OUI, contact an OUI Lawyer with trial experience.  Don’t hesitate, make the contact today.

DWI Penalties, by Atty. Surrette, Worcester Lawyer DWI

If you are charged with a DWI in Massachusetts the penalties can be severe.  Not only are the legal consequences significant, but the license consequences are equally troublesome.  A DWI first offense carries with it a 45-90 day license loss upon conviction or admission that is in addition to the 30 day failure suspension or the 180 refusal suspension.

Additionally, for a second offense DWI conviction, the license loss is for 2 years, which is on and after a 3 year license suspension if there is a breathalyzer test refusal.  A third offense OUI conviction carries with it an 8 year license suspension, which would follow a 5 year suspension if there was a refusal to take the breathalyzer test.

Furthermore, if you are convicted of DWI fourth offense you will lose your license for 10 years, and if you refuse the breathalyzer test on a fourth offense, your license will be revoked for life.

With these potential consequences accompanying an allegation of DWI, it is important to hire a DWI lawyer that will fight for your record and your license.  Don’t take the charge lightly, there is too much riding on it. Contact Attorney Surrette, a Worcester Lawyer DWI.

Worcester MA OUI Attorney

The charge of OUI in Massachusetts carries with it harsh potential penalties.  For instance, a typical first offense disposition includes probation with the entrance into an alcohol education awareness program, and a $65 month supervised probation fee. Additionally, such a disposition will also carry with it $600 in statutory fees and fines and a license loss anywhere from 45-90 days.  This license loss is in addition to either the breath test refusal suspension, or the failure suspension.

A typical second offender disposition includes probation for two years with statutory fees and fines and entrance into a 14 day residential alcohol program.  There is also a $65 month probation fee and a 2 year license loss.  Again this license loss is in addition to the breath test failure or refusal suspension.

A third offender disposition will typically carry a split sentence with a period of incarceration followed by probation upon release.  For example, the mandatory minimum incarceration period is 150 days, and courts will oftentimes hold 1-2 years over someone upon release.  This would mean that if you are on probation upon release, and there is a year suspended sentence remaining, and you violate probation, the court could sentence you to a year of incarceration.  Finally, the license loss is for 8 years on a third offense conviction for OUI.

As a result, if you or someone you know is charged with OUI in Worcester County, contact a Worcester MA OUI Attorney who will fight for you.  Start the process, make the call today.

OUi Lawyer

  If you are stopped under suspicion of OUI in Massachusetts you will most likely be offered the opportunity to perform field sobriety tests.  You are under no obligation to do these tests, and any refusal to try these tests is inadmissible in the Commonwealth’s case in chief.  If you do elect to do these tests, the three standard exercises most commonly requested by the police are the horizontal gaze nystagmus test, the nine step walk and turn test, as well as, the one leg stand test.

The horizontal gaze nystagmus test is based on the science of ophthalmology.  There is purportedly a correlation between the involuntary movement of the human eye and alcohol intoxication.  The theory goes that if someone is intoxicated there will be this involuntary movement of the eye.  In this test the police will ask the subject to follow a pen from side to side without moving their head.

This test is inadmissible in Massachusetts without the testimony of a qualified expert explaining the correlation between alcohol consumption and nystagmus.  An eye doctor would likely be necessary for this test to come into the Commonwealth’s case in chief.

Additionally, the nine step walk and turn, as well as, the one leg stand test are two standardized tests that purportedly measure an individual’s ability to maintain balance and follow instructions.  These tests can be impacted by age as well as medical conditions including; obesity, knee problems, and general balance problems.  Difficulty on these tests doesn’t necessarily translate to alcohol impairment.

As a result, if you or someone you know is charged with OUI after performing these standardized field tests, contact an OUI Lawyer who understands what the police look for in these exercises.  Don’t take an OUI charge lightly, your livelihood may depend on it.

DUI Attorney

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.

Children in Car with DUI, according to a DUI Attorney

A DUI charge can have a significant impact on all aspects of life.  It can prevent you from driving, cost thousands of dollars in fees and fines, and can subject you to jail penalties. There is also an enhanced penalty under Massachusetts law for anyone arrested for DUI with a child who is 14 years of age or younger in the vehicle.

According to M.G.L. c. 90 s. 24V, if the underlying DUI charge is proven and there is a child 14 or younger in the vehicle, then the penalty on a first offense for a violation of this section is imprisonment in the house of correction for not less than 90 days and not more than 2.5 years and a fine of not less than $1,000 and not more than $5,000.  The punishment also has to run on and after the sentence for the underlying DUI, and additionally carries a 1 year license loss.

As a result, if you or someone you know faces such a charge, contact an experienced DUI attorney who will fight for you and your rights both before and at trial. Furthermore, always keep in mind that the Commonwealth has to obtain a conviction on the underlying DUI before any sentence enhancements come into play.

For more information, please contact experienced dui attorney Shane W. Surrette at the link below:

DUI Attorney on Auburn Man Charged with Drunken Driving

Many of you are interested in the story of an Auburn man charged with OUI causing serious bodily injury after a crash on interstate 290 over the weekend. Going forward, the question is going to be, what does the government have to show to prove such a charge beyond a reasonable doubt? The answer depends on whether the defendant is charged under the felony or the misdemeanor branch, according to dui attorney Shane W. Surrette of Worcester, MA. For the felony charge of OUI causing serious bodily injury, the government must prove that the defendant operated a motor vehicle on a public way; while under the influence of alcohol or with a blood alcohol level of .08 or above; and did so in a negligent or reckless manner; and by such operation caused serious bodily injury to someone. In order for the Commonwealth to prove the misdemeanor branch of OUI causing serious bodily injury, it must be shown that the person operated a motor vehicle; on a public way; while under the influence of alcohol or with a blood alcohol level of .08 or above; and by such operation caused serious bodily injury to someone. The difference between the felony and misdemeanor branch of the statute is that under the felony branch negligent or reckless operation has to be shown, whereas, in the misdemeanor portion, no such showing is required. Furthermore, a bodily injury is serious if it creates a substantial risk of death; it involves total disability; it involves the loss of any bodily function for a substantial period of time; or it involves substantial impairment of any bodily function for a substantial period of time. As a result, if you or someone you know is charged with DUI, contact an aggressive DUI attorney to fight for you and your rights. For additional questions, or if you would like a free consultation, please contact DUI attorney Surrette at 505.799.9309.

What Police Look for When Stopping for OUI, by Worcester DUI Attorney

What the Police are Looking for When You are Stopped for OUI

When you are stopped after consuming any amount of alcohol, you are undoubtedly going to be nervous. You will begin to wonder what the police officer is looking for in making a decision to arrest for OUI. What you may not consider is that the officer has already made crucial observations about your operation of the motor vehicle, according to Worcester dui attorney Shane W. Surrette.

For example, if it is reported that you were speeding, and that was the only basis of the stop, such a simple reason to stop the vehicle provides a significant amount of Operating Under the Influence information. Consider, for instance, the situation where the officer has been following a motor vehicle for one-half mile, and he stops the vehicle for excessive speed only.

We now can infer, and the officer will have to agree that the motor vehicle stayed within its lane of travel, the vehicle never swerved, it didn’t enter the breakdown lane, and it didn’t come close to hitting anything. Similarly, the vehicle clearly stopped at an appropriate time, otherwise there would likely be a charge for failure to stop for police.

Furthermore, the officer will be looking for how you turn to the side of the road in making a decision to arrest for OUI. For example, did the vehicle abruptly stop with the operator slamming on the brakes, and did the vehicle stop at an angle or straight off the side of the road. The main question at this stage of the vehicle stop is, “whether there was anything unusual about the way the vehicle stopped on the side of the road.

As a result, before the officer ever has a conversation with a motor vehicle operator who is driving after consuming any amount of alcohol, he/she has already made numerous observations which will impact an OUI decision.

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