Holiday OUI/DUIs are all too common. A recent study reported that OUI’s jump 54% on Thanksgiving, making it second only to New Year’s in terms of OUI/DUI arrests. It is important to be aware that police will be on the road looking for violators, there could be roadblocks and other police traffic stops on the roads. During holidays, as on all days, it is important to be safe, and know the potential consequences of drunk driving (OUIs).
As a result of the high number of New Year’s OUIs, some cities and towns are offering free cab rides to residents in an attempt to reduce the number of OUIs on New Year.
Massachusetts Laws are StrictMassachusetts laws are among the strictest in the country when it comes to alcohol-related offenses. The legal limit for alcohol consumption in Massachusetts is 0.08%. However, you can be found guilty of OUI in Massachusetts if your blood alcohol level is .08 or higher OR if it can be shown that your ability to operate a motor vehicle safely was impaired. This can be proven with evidence about how you were driving, the odor of alcohol, the field sobriety tests, or many other factors.
Take the Breathalyzer?You should also be aware that there are increased penalties for refusing to take a breathalyzer or blood test. If you refuse the breathalyzer or refuse the field sobriety tests, not only can the results not be used against you, but the fact that you refused the tests also cannot be used against you in Massachusetts (in some states, a refusal can be used as evidence or can even result in a separate criminal charge with separate penalties). Breathalyzer refusal in Massachusetts does, however, carry a license suspension. (Read more about License Suspension for OUIs).
ConvictionIn Massachusetts courts determine sentencing by considering past OUI convictions including all final dispositions such as plea of “Continued Without a Finding”. Any and all convictions will be considered should you have a second offense. Massachusetts laws are among the strictest in the nation when it comes to alcohol-related offenses. You should also be aware that there are increased penalties for refusing to take a breathalyzer or blood test.
If you are facing criminal arrest or potential criminal charges for DUI/DWI/OUIs (also known as driving under the influence, operating under the influence, or drunk driving) you will need knowledge and skilled legal representation.
If you are being charged with OUI (drunk driving, DUI), contact us today for a free consultation.