Operating Under the Influence (“OUI”)
In Massachusetts, it is illegal to operate a motor vehicle, in a public place, under the influence of alcohol. The government must prove all three elements beyond a reasonable doubt for a conviction.
If you have been arrested for OUI, it is imperative that you get proper legal representation as soon as possible. Statements made by you to a government employee or others can be used against you in the proceedings that follow arrest.
In Massachusetts, a .08 blood alcohol reading is considered prima facie evidence of being “under the influence”. If stopped for drunk driving, DO NOT TAKE THE BREATHALYZER. While an officer may ask you to take certain field sobriety tests, you are not under any obligation to take a breathalyzer. Do not be intimidated by the allegation that you “may lose your license for failure to take a breathalyzer.” The matter of your license can be addressed in the proceedings that follow. Simply cooperate with the officer but stay within your rights.
If you have been arrested for OUI, please contact our office for a free consultation to discuss your rights to defend yourself. Contact
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