Massachusetts Field Sobriety Tests

Massachusetts Field Sobriety Tests are used by law enforcement officers to determine whether someone may be driving under the influence of alcohol or drugs. There are 3 standardized tests that are approved through the National Highway Safety Traffic Administration (NHTSA) that may be administered : 1.  Horizontal Gaze Nystagmus (HGN). The officer will ask the suspect to follow an object with his eyes. As the object is moved further to the side of the person, a jerking of the eyes called HGN will occur. HGN is more prominent in impaired persons. Under Massachusetts case law, this test is typically excluded
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Drunk Driving Defense Attorneys – Because Everyone Makes Mistakes Sometimes

The consumption of alcohol has been around since almost the beginning of time. Even in ancient times wine was a favorite beverage. Alcohol is so popular songs have been written about it. But one thing they didn’t have back in the days of Roman empires and ruthless kings were automobiles. If one had too much to drink they didn’t worry about driving while under the influence. But in today’s world driving after a few drinks is a crime. But everyone makes mistakes sometimes and one day you may innocently find yourself looking up drunk driving defense attorneys. In the state
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Massachusetts State Police Agency Failed to Provide Information Helpful to OUI Defense Attorneys

A report by the Massachusetts Executive Office of Public Safety has concluded that the Office of Alcohol Testing, which is overseen by the Massachusetts State Police, “made serious errors in judgment” in responding to requests for documentation sought by defense attorneys on behalf of clients. This could have ramifications for several hundred people charged with operating under the influence in Massachusetts, and perhaps thousands of others.
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OUI DUI Attorneys – Massachusetts withheld evidence about breathalyzers

OUI DUI defense lawyers, including Attorney James Milligan, representing 750 drunken driving defendants in Massachusetts say the state withheld evidence that might show breathalyzer results were flawed. The Boston Globe reports (http://bit.ly/2vrag83 ) the lawyers believe they are missing about 400 potentially exculpatory documents detailing the calibration of the devices. The Office of Alcohol Testing handed over about 2,000 documents, most of which showed proper calibration.
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Background Checks for Uber and Lyft Drivers in Massachusetts

A new state background check for infractions that range from license suspensions to violent crimes has affected more than 8,000 Uber and Lyft drivers throughout Massachusetts. The state reviewed the criminal and driving records of drivers and disqualified hundreds for having serious crimes on their record, while others were disqualified for less serious issues.
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5 Questions to Ask Your DUI Lawyer Before Court

One of the scariest aspects of going to court for the average person is that you don’t know what you don’t know. Prosecutors, law enforcement officers, and judges all have expertise in the legal process, but you are the one with legal consequences hanging in the balance.  This can be intimidating.
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Massachusetts OUI Laws, Consequences, and Defenses

Laws in Massachusetts for Operating Under the Influence (OUI) have become more strict and carry harsher penalties since an overhaul of the law in 2002.  This makes it even more important these days to have a basic understanding of your rights, the standards set by the state for OUI, the potential consequences you may face for conviction, and the many possible defenses an attorney may pursue to fight your case.
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Massachusetts OUI Laws

The Commonwealth of Massachusetts has passed a number of laws in the past decade that are very harsh on those who are arrested for operating under the influence (OUI). If you are stopped and charged with OUI, you will need to have a basic understanding of the penalties you could face under Massachusetts OUI laws. Understanding the termsMelanie’s Law was passed in October of 2005 in Massachusetts for the sole purpose of allowing stronger penalties in cases of OUI. Under the new rules, the following penalties are associated with OUI cases: First offenseUnder Massachusetts law, a conviction on a first
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What You Should Know About Sobriety Checkpoints in Massachusetts

In Massachusetts, it is legal for law enforcement officers to station themselves at a checkpoint to examine drivers for signs of intoxication and impairment.  These “mobile checkpoints” or “roadblocks” are part of broader efforts by law enforcement to deter drunk driving within Massachusetts borders. Sobriety checkpoints have been controversial for a long time, however, and not all states authorize their use.
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The Use of Field Sobriety Tests in Massachusetts

In order to identify citizens who are driving under the influence of alcohol and certain drugs, Massachusetts police will often use Field Sobriety Tests to determine if a driver is under the influence. A driver is said to be under the influence of alcohol if their blood alcohol concentration is above 0.08%, and in commercial drivers the limit is set at 0.04%. If a police officer believes that a driver is intoxicated, they may ask the driver to submit to several field sobriety tests. The horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test
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Massachusetts Residents Charged With DUI Out of State

Consider a scenario where you’re away from home, driving around in New York after a night out and are suddenly pulled over by law enforcement, fail a breathalyzer test, and find yourself facing DUI charges. What happens if you get a DUI out of state?
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Marijuana, Opioids, and DUI Law: How Massachusetts Patrols “High” OUIs

With the 2016 passage of “The Regulation and Taxation Marijuana Act,” more questions than answers have been raised about how or even if Massachusetts is able to effectively patrol and penalize the expected increase in drivers who are under the intoxicating influence of THC—or, for that matter, any other non-alcohol drug or substance, such as the opioids that have become a rising crisis in recent years.
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Nonresidents Charged With a DUI in Massachusetts

If you’ve been charged with a DUI in Massachusetts but live in another state, you’ll find that MA law will scrutinize your lifetime driving record as carefully and aggressively as it does for its own residents.  Previous DUI convictions from another state can also affect the level of consequences you’ll face, no matter how far away or how long ago they occurred.
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How Long Does a DUI Stay on Your Record?

Getting a DUI is a scary thing with very real consequences. However, if you’re ever faced a DUI charge, then you’re going to want to know how to handle it and what those consequences will look like. That’s where we can help. With this blog, you can educate yourself on how long a DUI stays on your record, what it means to be convicted rather than just charged, what comes with a charge, and what steps you should take after the fact.
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First DUI Next Steps and How to Prepare for Court

If you’re ever faced with a DUI, the first thing you should do is to simply take a breath. Don’t stress or panic. DUI’s are a serious thing, but trying to handle one without taking the time to think, make a plan, and act out that plan will make a bad situation even worse.
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Is a Second OUI Charge Considered a Felony or Misdemeanor?

In the state of Massachusetts, receiving a second DUI or OUI charge is not necessarily a felony. In most cases, First and second OUI charges are often counted as misdemeanors, while a third charge (and beyond) would be classified as a felony. However, there are exceptions to this rule, and you should know what they are. 
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Everything You Need to Know About the Breathalyzer Test

A breathalyzer test can be frightening for a driver who is pulled over when they’re uncertain whether or not they are safely below the legal limit for blood alcohol content (BAC). After all, breath evidence is a cornerstone in decades of drunk driving cases, as it provides law enforcement with numerical evidence of intoxication that traditional methods like the Field Sobriety Test and officer observation cannot.
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