dui/oui Archives

What happens if I refuse a breath test?

As previously discussed on this blog,, one of the ways police officers determine an allegedly drunk driver's blood alcohol concentration is by performing a Breathalyzer test. Many people may be under the misconception that since they are not under arrest and have only been stopped on the basis of suspicion, they can refuse to take the test. But this is not the case in Massachusetts, as consent is implied.

Scientists hope to create breath test for drug impairment

When a police officer stops someone suspected of drunk driving on the road, there are a number of tests that they can use to determine the allegedly drunk driver's blood alcohol concentration. But with legalization of marijuana looming across Massachusetts, there is a clear lack of a similar test to check one's impairment under the influence of this drug.

DUI charges are unrelated to injuries to others

It is a mistake to believe that drunk driving charges are only brought after someone suspected of drunk driving collides with another vehicle, causing an occupant to suffer bodily or property damage. Criminal charges in the form of DUI or DWI and penalties result as soon as the driver is apprehended, whether or not anyone else was involved in the incident. Two recent arrests of twenty-something males demonstrate this.

How can Massachusetts police test if a person is drunk driving?

We all dread it -- driving home after having a couple of alcoholic drinks at a party because a designated driver ran off, and the rearview mirror shows blue and red flashing lights behind us. Even a Massachusetts driver cannot be sure what their blood alcohol concentration is, so how will a police officer figure it out? By using one of the field sobriety tests at their disposal.

Woman facing felony aggravated DUI charges after crash

A supposed drunk driving accident in Massachusetts has left everyone involved seriously injured, with one person facing life-threatening injuries. A drunk driving accident is one in which the person accused of causing the crash is allegedly intoxicated, that is, they have a blood alcohol concentration of 0.08 percent or more. Drunk driving on its own is a crime, and when someone is injured while the person is supposedly driving while intoxicated, then additional criminal charges can follow.

Fight DUI convictions with the help of dedicated counsel

When someone is facing criminal charges, they may think that the best way to get through this difficult time is to reach a settlement with the prosecution-agree to plead guilty to a lesser charge in exchange for a lesser sentence. Not only is the outcome guaranteed, the charged individual does not have to go through the public spectacle that a trial can become and they can carry on with their life. But can one really carry on with their life as if nothing has happened when they have pled guilty to criminal charges, such as driving under the influence? Especially if the person accused is a minor, with their whole life ahead of them.

What are the penalties for underage drinking and driving?

The legal driving age in Massachusetts, as well as most of the rest of the country, is 16-years-old. The legal drinking age, again in accordance with the majority of the country, is 21-years-of age. This means that consumption of alcohol by anyone who is younger than 21-years-of age, is illegal in the state. The only exception is if the underage individual is on private premises that do not sell alcohol and their legal guardian has consented. Despite this, underage people get between the wheel having consumed various amounts of alcohol. And if they are caught driving while intoxicated by the police, they may face serious penalties, because underage drinking and driving is considered a serious offense.

Grounds for appealing a criminal conviction

When a Massachusetts resident is convicted of a crime, they may think they have no more legal options to avail, but this is not the case. It may be possible for a convicted person to appeal the court's rulings and findings, but the appeal must be based on errors made at the lower court's level. These errors must not be harmless-it has to be demonstrated in court that the error is substantial. So what is a substantial error-one that affects the convicted person's rights?

Field sobriety tests do not measure OUI of marijuana

Police officers conduct field sobriety tests on suspected drunk drivers in order for officers to get a sense of the driver's impairment from alcohol. The officer takes notes on such indicators as whether the driver's speech is slurred, or whether the driver is able to walk in a straight line, and then records an opinion as to whether the driver appears impaired. This is considered good evidence to show drunkenness, but is it an accurate measure of marijuana impairment? This was the question in front of the Massachusetts Supreme Judicial Council and the court has concluded that it cannot.

Woman accused of injuring and fleeing the scene of DUI accident

Sometimes, people follow one bad decision with another, not realizing that their actions have consequences that could follow them for the rest of their life. When this happens, it is important to remember that someone suspected of committing a crime has the right to legal counsel who could help him or her get his or her version of the events out in the public.

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