OUI Lawyer | jdlaw

Massachusetts OUI Lawyer

When you are arrested for drinking in driving in Massachusetts, it’s called Operating Under the Influence, or OUI (as opposed to DWI or DUI like in other states). OUI laws in Massachusetts are tough on your license, on your wallet, and potentially on your freedom. If you’ve been drinking, the best way to stay safe is not to drive at all. If you are stopped behind the wheel and you have been drinking, remember that you still have the right against self-incrimination. Do not talk to the police until you have spoken to an attorney. Do not perform field-sobriety tests at the side of the road. They’re extremely subjective and they’re not going to get you out of trouble. Refuse the breathalyzer test. You’re going to lose your license for 180 days, but it’s better than a criminal conviction, which is a foregone conclusion if you fail the breath test. If you are found not guilty at trial, the law presumes the return of your license anyways.

If you are in an accident and being treated by doctors, nurses, or ambulance personnel (EMTs), your potential criminal case may be the furthest from your mind, but remember that these people are going to write down what you say. And the police and prosecutors are likely to try to obtain these statements and use them against you. If you have alcohol or drugs in your system, it’s going to show up on a blood test and could also be used against you later on, so be careful about agreeing to unnecessary blood tests.

If you have lost your license due to an OUI, you may be able to obtain a hardship (also called a "provisional" or a "Cinderella") license to get to and from work.