Massachusetts DUI Lawyer

Massachusetts DUI FAQ

These are some frequently asked questions regarding Massachusetts DUI law. For more detailed analysis of your case please call us for a free consultation.

Q: Can I represent myself in my OUI case? Why should I hire an attorney?

A: Yes, you can represent yourself, but considering what is at stake it’s not a good idea. To give yourself the best chance of beating the OUI charge, you need an attorney who is familiar with the complex body of law associated with drinking and driving in Massachusetts. An experienced and skilled DUI attorney knows what types of issues will come up at trial, and how to make the best case possible for you. Your license, money, reputation, and even your freedom are at stake. Don’t put them needlessly at risk.

Q: Why was I pulled over? What signs do officers look for in trying to identify cars that are possibily being operated by an intoxiated driver?

A: The NHTSA has researched and compiled a list of driving patterns that may be symptomatic of an impaired driver. Law enforcement officers are on the lookout for these signs of intoxiation (with corresponding likelihood that the person observed is driving intoxicated. If multiple symptoms are observed, the NHTSA says that 10% should be added to the highest observed symptom):

65% chance of intoxication:

60% chance of intoxication:

55% chance of intoxication :

50% chance of intoxication:

45% chance of intoxication:

40% chance of intoxication:

35% chance of intoxication:

30% chance of intoxication:

(Note: speeding is not listed as a high-probability indicator of driving while intoxicated)

Q: If I’m pulled over on suspicion of Operating Under the Influence, what should I say to the officer? What shouldn’t I say?

A: First, remember to be polite and courteous to the officer at all times. Being pulled over is a stressful experience, and you want to do everything you can to make it as easy on yourself as possible. The officer will likely ask you if you have been drinking. You can always politely respond that you would like to speak to your attorney before answering any questions. Avoid making potentially incriminating statements. If you’re unsure of your ability to distinguish between what you should and shouldn’t say (which is understandable in such a pressure-filled situation), it is generally preferable to err on the side of saying less.

Q: Should I take the field sobriety tests? What about the chemical test?

A: We recommend that you do not take the field sobriety tests. There are no consequences for declining to take the tests, and your refusal to do so is  inadmissible in court. While the fact that you refused to take a chemical test (breath, blood, urine) is inadmissible as evidence of your consciousness of guilt, choosing not to take the test does carry consequences with it, so it is more difficult to give a clear “yes or no” answer as to whether or not you should take it. Melanie’s Law increased the penalties for chossing not to take a breath test. For drivers over the age of 21 with no prior OUI offenses, there is a 180 day suspension, which increases to 3 years with 1 prior offense, 5 years with 2 prior offenses, and a lifetime suspension for a chemical test refusal with 3 or more prior offenses. For drivers under the age of 21 the suspension length is 3 years + 180 days for 0 or 1 prior offense, 5 years + 180 days with 2 prior offenses, and a lifetime suspension for refusal with 3 or more prior offenses. These suspensions go into effect immediately, and there is no hardship license eligibility. However, you should also consider the consequences of failing a chemical test. If you register a .08 or higher, that is per se a violation of the law, and can be enough to convict you.

Q: Which chemical test should I take?

A: In Massachusetts urinalysis is typically unavailable. If you choose breath, you should also get a second blood test, because a breath test sample is not saved, and so cannot be re-tested at a later time by your defense attorney. Blood tests tend to be the most accurate, so if you are confident in your sobriety, the blood test is probably the best choice. Urinalysis is the least accurate, and therefore the easiest to get suppressed. If you are concerned that you will test above the legal limit, you should take the urine test if available (which it seldom is), or the breath test in the alternative.

Q: What if I failed the breath test? Is there any way I can win my case?

A: Yes. We have won many cases where our client failed the breath test with higher than .08 BAC. There are several ways in which an experienced Massachusetts DUI attorney can attack the validity of the breath test results. Without knowing the details of your case we cannot say for certain how good your chances are, so call us for a consultation.

Q: Is there any difference between OUI, DUI, and DWI?

A: No, they all refer to the same thing. In Massachusetts, the statute on drunk driving labels it Operating Under the Influence (OUI). Other states label the same crime Driving Under the Influence (DUI), or Driving While Intoxicated (DWI), but there isn’t any real significance to the different choice of words.

Q: What is a Continuance Without a Finding?

A: A Continuance Without a Finding (CWOF) is not the same as pleading guilty. It amounts to an admission that there are sufficient facts to find you guilty of the charges. The case stays open for a period of time, at the end of which it is dismissed. It does not go on your record as a conviction, so you can honestly say that you have never been found guilty of a crime. It will, however, still count as a prior offense if you are charged with another OUI.

Q: Will I need to testify at trial?

A: You absolutely do not have to, and most of the time it will not be necessary, or helpful to your case.