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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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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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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ANSWER: Contact us as soon as possible and prior to your Drunk Driving (OUI, DUI, DWI) arraignment, if possible. If you are not represented at the arraignment, the court will enter a plea of not guilty on your behalf or you should indicate to the Court if asked that you want to enter a plea of not guilty. The Court will then give you a date to return to court for a pre-trial conference. You should request a date in approximately two weeks.. There are no temporary licenses issued anymore. If you refused the breath test, you have 15 days
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ANSWER: It is a driver alcohol education program wherein a person charged with a first offense OUI attends a class that usually meets one time a week and continues for a period of usually 16 weeks. The 24D program costs approximately $600.00.
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ANSWER: Lifetime – Massachusetts will now consider offenses that occurred during your life. There are no exceptions.
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ANSWER: No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government’s evidence.
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ANSWER: A CWOF means a Continuance Without a Finding. A CWOF is not a conviction, but the court will continue the case for a period of time and at the end of that period the case will be dismissed. However, for purposes of a Drunk Driving (OUI, DUI, DWI) it is considered a first offense and another offense will constitute a second offense with heightened penalties.
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ANSWER: First Offense – 180 Days; Second Offense – 3 years; Third offense – 5 years; Fourth offense – Lifetime.Failure of Breath Test – 30 days. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts. Once your refusal failure suspension has expired, you are eligible to get your full license back for a reinstatement fee regardless of whether your case is still pending in court. If however, you decide to admit to the offense or go to trial and are
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