Articles Posted in OUI/DUI/DWI

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When you are charged with operating a vehicle under the influence of alcohol or drugs, the official charge in Massachusetts is Operating Under the Influence (OUI). Today, the terms ‘OUI’ ‘DUI’ and ‘DWI’ are used interchangeably. Operating under the influence has become one of the most commonly encountered offenses in Massachusetts. In fact, it is estimated that nearly 17,500 people were killed in automobile collisions involving alcohol in 2002. According to the National Highway Traffic Safety Administration (NHTSA), this represents 41 percent of the 42,815 people killed in all traffic accidents and crashes that year. Statistical evidence such as this lead to the passing of ‘Melanie’s Law’ in 2005, the purpose of which was to enhance the penalties attached to OUI offenders.

Being charged with an OUI is a serious offense in the state of Massachusetts, and someone charged would be well advised to seek legal counsel. A person may be found guilty of Operating Under the Influence (OUI) if they are 1) at least 21 and 2) register at .08% or higher when tested for your blood alcohol concentration (BAC). If you’re younger than 21, you will face administrative penalties if you test at .02 or higher, plus standard charges at .08 or higher. If you are convicted, the penalties can be harsh and include imprisonment, significant fines, and suspension of driver’s license, probation, community service sentence, and mandatory enrollment in DUI traffic school.

PENALTIES ATTACHED

Being charged with OUI for the first time can be an extremely stressful and frightening experience. However, retaining an experienced Massachusetts defense attorney for your case can relax the situation and minimize the apprehension. In the event one is found guilty of an OUI first-offense, an individual faces a maximum 2 ½ years in jail, a $5,000 fine, and a 5-year license suspension at your RMV hearing. Drivers arrested for a first OUI offense can get their sentences reduced by agreeing to complete a state-approved alcohol education program. This is not an option after the first offense.

As you probably expected, the penalties for a second offense OUI are more severe. In any case, a qualified OUI defense attorney can significantly reduce the harsh penalties you will be facing. If convicted of a second offense it is possible you will be punished by a fine of at least $600 to the maximum $10,000, and imprisonment for a minimum of 60 days ranging to 2 ½ years; Mass. Gen. Laws Ann. ch. 90, § 24. In addition, the Registry of Motor Vehicles will suspend your driver’s license for 2 years when you are convicted on a second offense OUI.
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This article will discuss the different types of standard field sobriety tests that are currently being used by law enforcement officials in Massachusetts for people suspected of operating a motor vehicle under the influence of alcohol or drugs (OUI/DWI), commonly referred to as drunk driving. The tests used by police officers out in the field in traffic stops consist mainly of the walk-and-turn test, the one-leg stand test, alcohol breath test, and horizontal gaze nystagmus test. The results of these tests are used because government officials at the National Highway Traffic Safety Administration learned decades ago that they have been reliable indicators for distinguishing blood alcohol content beyond the legal limit for driving, assuming that the tests were administered in a standardized manner by a properly trained police officer.

The walk-and-turn test is divided up into two areas. First, there is an instruction phase where the individual detained is told to keep the arms at his or her side, and to put his or her feet heel to toe. The person is then instructed to listen to the directions as the officer informs them to take nine heal to toe steps, turn in a certain manner, then take another nine heal to toe steps back. The second phase is the physical test itself. Scoring by the officer is performed based upon certain cues including but not limited to whether the person lost balance, started too soon, stopped while walking, and touched heal to toe, etc. During this time the officer is looking for two or more cues which would lead to the probability that they where operating their motor vehicle while intoxicated.

The one-leg stand is a test that also has an instructional part then a balancing and counting part. During the instructional part, the police officer asks the person to stand with feet together, arms at the side and to listen. The person is told to raise one leg about six inches off the ground with toes pointed outward while keeping both legs straight. The person is then instructed to count out loud until told to stop. During this time, the person must follow the instructions as given by the officer. There are four specific cues that the officer looks for during this test: any swaying while balancing, using the arms to balance, hopping, or putting a foot down during the test. If you put your foot down three or more times during the thirty-second period the police consider you unable to complete the test. If you have two or more cues you also fail the test.
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