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.

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:

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