Drunk Driving Facts, by Massachusetts Drunk Driving Attorney

Massachusetts Drunk Driving Attorney

            If you are charged with drunk driving in Massachusetts, and you are trying to decide if you should resolve your case from the outset or take it to trial, here are a few things to keep in mind.  First of all, refusals are inadmissible in the Commonwealth’s case in chief.  This means that refusals to perform field sobriety tests, and a refusal to take the breathalyzer test is inadmissible in the government’s case in chief.

Additionally, certain statements made during the arrest and at booking may also be inadmissible if they refer to prior arrests, or if it is determined that the prejudicial impact of the statements substantially outweighs their probative value.

Furthermore, if you are charged with drunk driving and this is a second or subsequent offense, the jury will not hear about any prior drunk driving convictions during the government’s case.  The jury will decide the case on whether they believe that the person was operating under the influence of alcohol, without reference to whether this has happened in the past.

As a result, if you or someone you know is charged with drunk driving, contact a Drunk Driving Attorney who will go to trial and fight for you.  Don’t hesitate make the call today.

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