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.
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.
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.
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.