ATTORNEY ANSWER: The Officer/Trooper merely needs to establish probable cause, a subjective reason, to believe that someone is operating under the influence of alcohol. Since the standard is subjective it is a very easy standard to meet as far as the decision to arrest or charge an individual with Operating Under the Influence of Alcohol or Drugs. Should you require a consultation from a Board Certified OUI lawyer please feel free to contact Attorney Milligan at 617-851-7155.
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Charged with DUI OUI by Norwell MA Police
Additional Information: I was arrested for DUI in Norwell, MA last weekend. In addition to 9 step and turn field sobriety test, the officer held a penlight in front of me and asked me to follow it. Hasn’t that been unadmissable in MA for years? If so, do I have a good case to defend? ATTORNEY ANSWER: The Horizontal Gaze Nystagmus test is routinely excluded in Massachusetts Courts as the officers/troopers are not qualified experts to interpret the results of the test. So based upon the exclusion of one of the two field tests you were given, I would say
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How effective are field sobriety tests?
Additional Information: I admitted to having a few beers after work and was recently arrested for OUI in North Andover. I think I will be able to hire a drunk driving defense attorney, but one of the things I was curious about is, can they ask someone with a disability to hold their leg off the ground 6 inches for 30 seconds? I’m not actually sure if it is considered a disability, but I had hip replacement surgery and have some restricted mobility and wondered if that is a good defense? Attorney Answer: The Police can and usually will ask
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Commonwealth v. D.N – Dedham District Court (2012) – Quincy OUI DUI DWI Lawyer
Charge: Operating Under the Influence in Quincy MA Result: Not Guilty on OUI Client drove into a Sobriety Checkpoint. Client was observed to have an odor of alcohol and was sent into the parking lot for further screening. The trooper asked client to exit the vehicle and perform 2 field tests: 1) One Leg stand (completed to 30 seconds at a count of 24 but used arms for balance) and 2) 9 Step Walk and Turn (client went 16 steps out and then came back 17 steps) Client was arrested and refused to submit to breath test. At trial, client
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Commonwealth v. E.H. – Dedham District Court (2012) – DUI OUI Attorneys
Charge: Operating Under the Influence (OUI DUI) in Dedham MA Result: Not Guilty on OUI Client drove into a Sobriety Checkpoint. Client was observed to have an odor of alcohol and was sent into the parking lot for further screening. The trooper asked client to exit the vehicle and perform 2 field tests: 1) One Leg stand (completed to 30 seconds but used arms for balance) and 2) Alphabet test from D-T (Client said D-N then jumbled letters). Client was arrested and submitted to the breath test with a reading of .09. At trial, the breath test was called into
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Commonwealth v. C.N. – Quincy District Court (2012) – Weymouth DUI OUI Attorneys
Charge: Operating Under the Influence (OUI DUI) in Weymouth MA Result: Not Guilty on OUI Weymouth MA police were dispatched to a motor vehicle accident where they observed the client outside of her car. The officer approached and observed an odor of alcohol, red/glassy and bloodshot eyes, unsteady and a slight slur to his speech. The officer asked client to perform field tests: 1) Count backward from 47-31(counted 47 -30 without flaw); 2) The 9 step walk and turn (performed reasonable well); 3) One Leg stand (got to 7-8 and almost fell over); and 4) Alphabet test from A-Z (Passed).
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Commonwealth v. L.M. – Dedham District Court (2012) – Dover MA DUI OUI Lawyers
Charge: Operating Under the Influence/A & B on a Police Officer (2 Counts)/ Disorderly Conduct in Dover MA Result: Not Guilty on all Counts Client was observed speeding and crossing over marked lanes on a rural road in Dover, Massachusetts. Client was stopped and observed an odor of alcohol, red/glassy and bloodshot eyes and slurred speech. The Dover officer indicated in his report that client was belligerent and uncooperative. The officer also attributed several statement to the client that were never made as well as field tests that were never done with the client. The officer asked client to exit
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Commonwealth v. B.C. – Barnstable District Court (2012) – Yarmouth MA OUI DUI Lawyers
Charge: Operating Under the Influence (OUI DUI) in Yarmouth MA Result: Not Guilty on OUI Yarmouth MA police were dispatched to a disabled motor vehicle. Upon arrival they observed client’s vehicle with damage to it consistent with striking a nearby telephone pole. Police searched the area and found client outside of a nearby restaurant/bar. Client was identified and admitted that his vehicle was on the side of the road. Client was administered field tests and did not perform well on the tests. At trial, the issue was whether the government could show that client was under the influence of alcohol
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Commonwealth v. R.V. – Eastern Hampshire District Court (2012) – Amherst MA OUI DUI Lawyers
Charge: Operating Under the Influence in Amherst MA Result: Dismissal on OUI Client was observed speeding and crossing over marked lanes. Client was stopped and observed an odor of alcohol, red/glassy and bloodshot eyes and a slight slur to his speech. The Amherst, MA officer asked client to exit the vehicle and perform 4 field tests: 1) The horizontal gaze nystagmus test (Not admissible in court); 2) The 9 step walk and turn (performed well on this test); 3) One Leg stand (completed to 30 seconds but used arms for balance and miscounted on 2 occasions); and 4) Alphabet test
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Commonwealth v. I.A. – Framingham District Court (2012) – Sherborn MA OUI DUI Attorney
Charge: Operating Under the Influence in Sherborn MA Result: Not Guilty Client’s vehicle was observed to be disabled on the side of the road. The Sherborn police officer stopped his cruiser behind the client and the client approached and told the officer that AAA was in route because he had a flat tire. Officer says he smelled an odor of an alcoholic beverage and asked the client about drinking. Client responded that he had 3 glasses of wine and was coming from a local restaurant. Client was asked to perform field tests and according to the officer was not able
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Commonwealth v. J.M. – Boston Municipal Court (2012) – MA State Police OUI DUI Charges
Charge: Operating Under the Influence in Boston MA Result: Dismissed Client was observed by a civilian in downtown Boston to have struck a jersey barrier. Civilian took the keys from client and called the police. The police responded and observed client outside of the vehicle. Massachusetts State Trooper arrested client with no field tests because of her level of intoxication. Client was charged with OUI by the MA state police. At trial, the civilian did not appear, therefore, the government could not prove the client was operating the vehicle so the case was dismissed.
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Arrested for OUI after misstep in gravel during field sobriety test.
Additional Information: I had been out at a Newton bar for a girls night out and was driving home when I got pulled over. I admitted I had a few drinks, 4 in as many hours. I tripped in my heels on some gravel doing the field sobriety test and was then arrested for OUI. Do I have a case to fight? ATTORNEY ANSWER: It sounds like you would have a good case to defend. You have witnesses to corroborate your account and the tests should not be done in heels anyways according to their training. For a free consultation
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Was just exhausted when I got arrrested for OUI.
Additional Information: I was driving South on 128 towards my home in Dedham at 10 PM and while trying to light a cigarette, dropped the lighter, and when trying to catch it, the car swerved. I pulled the car back straight and saw police lights in my rearview mirror. I had worked a double shift, was exhausted and didn’t do perfectly on the field sobriety test and got arrested for OUI. Can I really be charged with DUI with no breath or blood test? What should I do? ATTORNEY ANSWER: It sounds like you have a great case to fight
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Couldn’t say alphabet backwards and arrested for DUI.
Additional Information: Was coming home from happy hour last week from a pub in Brookline and was pulled over by the police for erratic driving. The police officer asked me to do a field sobriety test and part of it was to say the alphabet backwards. Who can say the alphabet backwards?? I was arrested for DUI. Is that really part of how they determine DUI/OUI in Mass? What are my options? ATTORNEY ANSWER: Your options are either to fight or accept responsibility for the offense. Saying the alphabet backwards is not part of the protocol so if that is
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Arrested for DWI. Failed field sobriety test in high heels.
Additional Information: I was arrested for DWI last weekend in Somerville. I took a breath test and blew over MA legal limit. The police officer asked me to stand on one leg for 30 seconds but I was wearing high heels and the ground definitely was not level. Even though my breath test was over the limit, is my case defendable? ATTORNEY ANSWER: It depends on what the breath test reading was and whether it was done correctly. If the breath test is excluded then it seems that you would have a great case to defend. For a free consultation
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I am fighting a DUI charge. Am I eligible to get my license reinstated?
Additional Information: I am currently in the midst of fighting a DUI charge (with council). I DID blow over the limit. First offense in Massachusetts with no other violations. I am over 21. It’s already been over 90 days. At DMV hearing to reinstate my license, exactly what do I need to bring with me? This could take months, and I would rather reinstate it rather than suffer the consequences if I got caught driving while still under suspension. In other words, do I need many forms of ID, and can you tell me how much this should cost (estimate?)
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I was assaulted then arrested for DWI.
Additional Information: A few days ago, I was arrested for DWI. I was at a party in Duxbury where my friend, the home owner, served me a few drinks. He himself was very intoxicated and became angry and assaulted me as well as my car. He started choking me and kicking my car. Someone in the house called the police and told them that I was the person causing the trouble (which I was not). The police arrived withing minutes of me leaving the driveway, pulled me over and arrested ME! I told them I had just been assaulted, and
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I was arrested for DUI after I admitted to having a prior arrest for drug possession.
Additional Information: After leaving a restaurant, I made a right turn on red where I shouldn’t have. I didn’t even see the “no turn on red” sign. I had two glasses of wine with dinner, and a beer before we were seated. Anyway, I got pulled over by the Worcester police and did field sobriety tests, which I think I performed OK but when asked if I had been arrested before, I admitted that I had been previously arrested for drug possession and the officer pretty much arrested me right away after I said that. Do I have a case
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I have a warrant for my arrest from a DUI from almost 2 years ago.
Additional Information: I have a warrant for my arrest due to an unpaid court fine for a DUI from almost 2 years ago in NJ. I now live in Fitchburg, MA and want to get this behind me. What should I do? ATTORNEY ANSWER: You should contact a Lawyer in NJ to clear the warrant. Please be careful because any warrant in another state may result in the suspension of your license here in Mass. Also, if you are found guilty there may be additional license ramifications in Mass as well. If you would like a free consultation please get
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Pulled over because I realized I had too much to drink but still got arrested for DUI.
Additional Information: I went out for drinks in Duxbury with a buddy last weekend. I left the bar to head home when I decided I had too much to drink, so I pulled over into a parking lot. I couldn’t get in touch with anyone to give me a ride home, so I sat and fell asleep. I awoke to a police office rapping on the window, he smells alcohol and ends up arresting me for DUI. Can he do that as I wasn’t even driving? ATTORNEY ANSWER: As long as the vehicle was running, the law considers that to
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I vomited right before I was arrested for DUI, but I wasn’t drinking. What do I do now?
Additional Information: I was arrested for DUI last week in Norwood. It was about 3 PM, I had left work early as I wasn’t feeling well. After getting out of the car, I vomited on the side of the road and then a few minutes later took a breathalyzer test. The officer claimed I stuck my fingers down my throat, which I did not and if the stop was videotaped it would disprove that. What do I do now? ATTORNEY ANSWER: I am not too sure if Norwood videotapes their roadside encounters. But it would seem to me that you
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Friend was arrested for OUI. Would an albuterol inhaler affect accuracy of a breath test?
Additional Information: Last week, my buddy was stopped by police in Wayland for having only one headlight on his car. He was then arrested for OUI on the result of a breath test. He has asthma and takes an albuterol inhaler. Would this affect the accuracy of the breath test? Also, another friend and I can testify that he only had a few beers the whole night out. Does this sound like a strong OUI case to fight? ATTORNEY ANSWER: The albuterol inhaler may affect the results of the breath test depending on when it was last used. The breath
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If I was sick at the time of doing a breath test, would that affect the results?
Additional Information: I was arrested for DUI/OUI on a side street in Weston on a Friday afternoon. I got sick that evening with some kind of stomach bug. My wife who bailed me out of jail can testify to that. Our whole family got the sick right after me. If I had a fever at the time of the breath test would that affect the results? What’s my best defense? ATTORNEY ANSWER: The stomach bug may affect the breath test as vapors from your stomach may affect the results only if you have consumed some amount of alcohol. As far
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I was arrested for DWI after my car went into a ditch on the side of the road.
Additional Information: I was driving on Route 495 near Tewksbury and tried to pass a vehicle on the right that was stopped in the left lane. It had been raining the entire night before so the shoulder of the road was slick and muddy, and my van slipped into the ditch on the side of the road. A police officer appeared as my car was being towed out, and conducted field sobriety exercises. He didn’t offer a breathalyzer test but placed me under arrest for DWI. What can I do to fight this case? ATTORNEY ANSWER: It seems to me
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Does having bronchitis affect the accuracy of an alcohol breath test?
Additional Information: My wife and I had gone out for dinner, we both had a few drinks but decided she should drive. Acton police pulled us over for an expired registration and the police officer requested a breath test. She was arrested for OUI but she had bronchitis at the time, wouldn’t that affect the accuracy of the test? We didn’t think to mention this at the time of the arrest. Either way, what do we do now for the best outcome? ATTORNEY ANSWER: Bronchitis may affect her ability to provide the requisite volume of air for the machine to
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