A driving under the influence conviction in Massachusetts is a serious thing because it can mean that you will have to pay a fine and face jail time, but you will also establish a permanent criminal record, add points to your driver’s license, and face loss of your driving privileges for some amount of time. Yet another possible consequence of an aggravated drunk driving conviction is deportation from the United States Continue Reading
Articles Posted in OUI/DUI
An Out of State DUI Can Affect You Back Home in Massachusetts
Many Massachusetts residents are faced with the problem of being arrested and charged with driving under the influence (DUI) of drugs or alcohol while outside the state of Massachusetts. These individuals often wonder what effects an out of state OUI could have on them back home in Massachusetts. Many people simply plead guilty to their DUI charge, or never show up to court in the state where they were arrested, thinking that the offense will never catch up to them if they do not return to the state or to “scene of the crime” so to speak. This is completely untrue. A drunk driving case in any state spells trouble for you, both in the state where you were charged as well as back home in Massachusetts. Continue Reading
From Out of State and Got a DUI in Massachusetts ?
Many friends and relatives will be visiting loved ones in Massachusetts throughout the year. Yet the holidays and vacations are a time for social gatherings and parties where alcohol is commonly served. There is no doubt that there will be some people who will get a little too drunk to drive but will get behind the wheel of a vehicle anyway. Being arrested for driving under the influence (DUI) is an unfortunate circumstance that is made all the more difficult if you are from out of state and got a DUI in Massachusetts. Continue Reading
In Massachusetts, Drugged Driving is Outpacing Drunk Driving
Many people in Massachusetts fail to recognize that driving under the influence of drugs or drugged driving is just as bad as driving under the influence of alcohol, and both are illegal. Drugged driving is rapidly becoming a more frequent occurrence that driving under the influence of alcohol. According to a recent article by Fox25 News, there has been a 42% uptick in drugged driving over the past five years, compared to a 26% uptick in drunk driving cases over the same time period, based on data collected by the Massachusetts Department of Transportation.
Blood Sample Tests in DUI Cases
When Massachusetts law enforcement officers suspect that you are driving under the influence, they are permitted to request you to submit to chemical testing under M.G.L. Chapter 90, Section 24. The chemical testing could include a breathalyzer test, urine test, or a blood test. Blood sample tests are one of the most accurate forms of testing that can be conducted to determine a person’s blood alcohol concentration at a given time.
Drunk Drivers Can Face Criminal Charges for Killing Passengers
When many people think about drunk driving accidents, they first think of a drunk drivers crashing into someone else on the road. When people think about vehicular manslaughter, they usually think about pedestrians or bicyclists that have been hit by a car, or a drunk driver hitting victims in another vehicle. But there are often victims in the vehicle along with the drunk driver who suffer injuries and are sometimes even killed as a result of an accident. This means that a drunk driver could be charged with vehicular manslaughter in addition to drunk driving charges if they accidentally kill a passenger in their own vehicle in an accident. Continue Reading
Do Drivers Have a Constitutional Right to an Attorney Before a Breathalyzer?
When a driver is pulled over or stopped by law enforcement and asked to submit to a breathalyzer test, the driver has a right to refuse a breathalyzer test. Many drivers do not refuse to submit to a breathalyzer test either because they do not know that they can refuse, they are scared of the consequences, or they are too intoxicated at the time to exercise good judgement. The problem with submitting to the test is that under Massachusetts law, if a driver suspected of driving under the influence blows a blood alcohol content higher than 0.08, the driver is considered per se intoxicated and can be convicted of DUI on the breathalyzer results alone. Law enforcement do not advise suspected drunk drivers of the consequences of failing a breathalyzer test. Continue Reading
Auto-Brewery Syndrome as a Defense to DUI Charges
Every so often on the news there will be a report about a person beating drunk driving charges due to unusual medical conditions. One such condition is known as auto-brewery syndrome, where the gut holds an unusual amount of yeast, which can cause the gut to act like a fermentor. A woman in New England recently used a diagnosis of this rare medical condition as a defense to DUI charges according to an article in the ABA Journal. Continue Reading
Breathalyzer Test Results Questioned by Massachusetts Courts
A consolidated case is being heard in Concord, the Milford Daily News reports, that will determine whether the use of breathalyzer testing devices to gather proof that a driver was operating a vehicle under the influence (OUI) of alcohol is scientifically sound. The reliability of the chemical breath testing devices is in question, which has prompted the courts to put a hold on hundreds of pending OUI cases across the state until the matter of whether these testing devices produced reliable evidence of a DUI. Continue Reading
Let’s Talk Money: The Cost of a DUI
A DUI is not something you are charged with everyday. In fact, many people who get a DUI are first-time offenders who really have no idea what the cost of a DUI conviction is. Not only are there long-lasting repercussions to your reputation, future job prospects, and your ability to drive, but the financial consequences of a DUI add up to a lot of money. Below are some of the costs that are associated with a DUI. Continue Reading