The State of Massachusetts uses the term "Operating Under the Influence" for drunk driving charges and uses a graduated punishment system starting with a one-year license suspension for the first offense leading to a permanent license revocation for the fifth offense. In addition to losing your license, you may face costly fines as well as mandatory jail time if charged with OUI or DUI.
If an officer pulls you over and finds you have higher blood alcohol content than 0.08% while driving a passenger vehicle or 0.04% while driving a commercial vehicle, the state will charge you with an OUI. It is also important to note, for those under the age of 21, the state will charge you with an OUI if you have higher blood alcohol level than 0.02%. You can also face OUI charges for using other intoxicating drugs.
If you are facing OUI or DUI charge, consult an experienced DUI lawyer in Massachusetts to make sure you are protected and treated fairly by the law. With more than a decade of law experience, Attorney Jillian N. Celozzi will fight for your rights. With offices in Worcester and Milford, she is here to help you. Contact us today for a consultation.
Errors in BAC Testing
Blood alcohol content is determined largely by three different tests: breath tests, blood tests, urine tests. However, these types of tests are not completely accurate each time, each has the capability for error. The BAC (blood alcohol content) test error may be human or technical, there is never an absolute certainty with any of the three tests.
Field Sobriety Test
In addition to a BAC test, an officer may ask you to complete a series of field sobriety tests. These tests are voluntary, however, and you are not required to complete them. Nevertheless, by failing to complete these field sobriety tests, the officer will most likely place you under arrest. However, you avoid incriminating yourself further if the testing is refused.
Evidence of intoxication can be provided if the officer does not perform the field sobriety testing properly. In fact, these tests are designed to make the person fail. The decision is placed solely on the officer conducting the testing. This individual interpretation may have a serious impact on you and the charges filed.
Additional Factors to Consider in OUI Cases
A “lifetime look-back period” is in place in the State of Massachusetts. Unlike other states, an OUI offense remains on the individuals record permanently, rather than being expunged after 10 or more years.
In the State of Massachusetts, in the year 2005, “Melanie’s Law” was passed. This law requires that an ignition interlock device is installed for any second time OUI offender.
Seek the Help of An Experienced DUI Lawyer
In the State of Massachusetts, OUI and DUI are very serious charges. If you have been accused of Operating Under the Influence or Driving Under the Influence, seek the help of a successful OUI/DUI attorney. As a former prosecutor, Attorney Jillian N. Celozzi is dedicated to providing you with the best legal defense possible. Contact her today for a consultation.