Holiday Drinking & Driving, by OUI Lawyer Surrette

If you are stopped by police after consuming alcohol during this holiday season, here are a few things to keep in mind.  First of all, when the police are investigating a suspected drunk driver, the officer is going to make initial observations of the manner of the vehicle operation.  For instance, the police are looking to see if the vehicle crosses the marked lanes, whether it goes into the breakdown lane, or whether or not it stops appropriately.

Additionally, as the officer approaches the vehicle, he is looking to see if the operator is able to produce his/her license and registration without difficulty.  The police are also looking to see if the driver has difficulty shutting the vehicle off and exiting.

Once outside the vehicle, the police will often ask if the driver wishes to perform field sobriety tests.  These are tests designed to check for balance and ability to follow instructions.  If you should agree to take these tests, the performance thereof is admissible in the Commonwealth’s case in chief.  Any refusal, however, is inadmissible in the Commonwealth’s case in chief.

Similarly, if you are arrested for OUI, you will be afforded the opportunity to take an infrared breathalyzer test at the police station.  As with field sobriety tests, a refusal to take an infrared breathalyzer test is inadmissible in the governments’ case in chief.  Such a refusal, however, carries with it significant license consequences.

As a result, if you or someone you know is arrested for OUI during this or any other season, contact an OUI Lawyer who will fight for you and your rights.  Don’t delay, make the call today.

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