Navigating OUI Laws In Massachusetts

In this article, you can learn about:

• Why there is no Driving Under the Influence charge in Massachusetts.
• How field sobriety tests work, and when you might be arrested during an OUI stop.
• When to contact an OUI defense attorney and why it is so important to do so.

What Is The Difference Between A DUI And An OUI?

In Massachusetts, there is no charge specifically labeled as Driving Under the Influence (DUI). Instead, our statute addresses what is known as Operating Under the Influence (OUI) of alcohol or drugs. While the term DUI is commonly used in popular culture and media, reflecting charges in many other states, Massachusetts exclusively uses the term OUI. With that said, it’s important to note that there is no legal distinction between DUI and OUI; it’s simply a matter of terminology unique to Massachusetts.

In Massachusetts, What Is The Blood Alcohol Concentration (BAC) Limit For An OUI?

Whether you are charged with Operating Under the Influence (OUI) or a lesser offense depends on your Blood Alcohol Concentration (BAC) level. In Massachusetts, the legal limit is 0.08%. This standard is generally consistent nationwide due to its connection to a federally funded national highway bill, though some states enforce even stricter limits.

What Role Do Field Sobriety Tests Play In Massachusetts OUI Cases?

Field sobriety tests are one of the most important tools that police use to determine whether someone is under the influence of alcohol. They play a central role in the investigation once a driver has been pulled over. However, these tests can also reveal vulnerabilities in the prosecution’s case.

By carefully reviewing how the tests are administered, it is possible to identify errors in their execution. Any deviation from the standardized training, any mistakes in the administration of the test, and any positive performance during the test can be leveraged to your advantage.

The strongest cases are those where the field sobriety test can be used in your favor. For example, if a police officer testifies that you failed the test based on two errors, but the training materials indicate that there are eight specific clues they should look for, your attorney can question the officer about the other six. If the officer acknowledges additional errors, it raises questions about why these were not mentioned initially. Conversely, if the officer admits you did not exhibit those additional signs, it strengthens the argument that you were not impaired.

This approach can create significant reasonable doubt, which is crucial in defending against OUI charges. A deep understanding of police procedures and law enforcement protocols is essential for effectively challenging these accusations.

Attorney Matthew Kelley is an experienced OUI defense lawyer who formerly served as a prosecutor in Massachusetts. With over a decade of experience in prosecution and even longer in private practice, Attorney Kelley brings a comprehensive perspective and a persuasive approach to the courtroom.

If you or a loved one have been arrested for OUI in Massachusetts, it is crucial to contact Matthew P. Kelley, Attorney at Law, to schedule a consultation immediately.

Call For A Free Consultation - (508) 952-6565

If The Police Decide To Charge Me, Will I Be Arrested On The Spot?

In the vast majority of cases, once the police decide to charge you with Operating Under the Influence (OUI), you will be arrested immediately. Typically, following the completion of a field sobriety test or a roadside investigation, the arrest occurs on the spot.

There are, however, some extenuating circumstances where an immediate arrest might not happen. The most common scenario is when it is physically impossible to take you into custody. For instance, if you were involved in an accident and needed to be medically transported to a hospital, you would not be arrested at the scene.

Nonetheless, in about 95% of cases, regardless of the initial reason for being pulled over, if the police conduct an OUI investigation and decide to charge you, an arrest will follow.

When Should I Contact An Attorney After An OUI Arrest And Why?

The best time to contact an attorney after an OUI arrest is as soon as possible. If you are arrested for an OUI, you will likely have to appear in court the next morning or at the end of the weekend – and it is crucial never to go to court without a lawyer. Ideally, you should call an attorney at the time of your arrest or, at the very least, the next morning before your court appearance.

Having a lawyer involved from the beginning is essential for the best possible outcome. Many people wait until later in the process, not realizing the seriousness of the situation or how their actions—or inactions—early on can significantly impact their case.

An attorney will help you understand the potential consequences for your license, what to expect at the courthouse, and the penalties you might face. Additionally, they can secure discovery by requesting necessary information from the District Attorney’s office. The sooner an attorney can start working on your case, the better your chances of a favorable outcome.

When Will I Be Able To Drive Again?

After a DUI/OUI arrest, it’s natural to wonder when you will be able to drive again. The loss of your license, along with other penalties, is a significant concern. A lawyer can often help reduce both the suspension period and other associated penalties.

In our society, driving is essential for everyday activities such as school, work, and family responsibilities. However, the consequences of an OUI arrest extend far beyond the immediate loss of driving privileges. Fortunately, this is an area where a lawyer can make a substantial, immediate, and impactful difference in the outcome of your case.

For more information on Navigating DUI & OUI Laws In Massachusetts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 952-6565 today.