Brockton Drunk Driving Lawyers

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Brockton Drunk Driving Lawyers

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Novak, Lawrence: The state is interested in curtailing drunk driving for the sake of public health and safety on the roads. Nonetheless, individuals who are "caught driving drunk" ought to have no fewer citizens' rights than any other accused person. When law enforcement and the prosecution say that you committed a crime by driving under the influence of alcohol, you owe it to yourself to get the best drunk driving defense that money can buy to ensure protection of your legal rights. A conviction on your record can have serious short-term and long-term negative consequences, such as the following: Ą Driver's license suspension or revocation Ą Loss of your ability to drive to work or to go at will to location where public transportation is not available Ą Steep fines and penalties Ą Increased auto insurance rates Ą Canceled auto insurance Ą A criminal record Ą Employment problems Ą Travel restrictions (for example, future difficulty entering Canada or other countries that may scrutinize your criminal record) An astute drunk driving defense attorney will ask several key questions to get your criminal defense strategy and restoration of your driving privileges underway: Ą Did the police officer who stopped you have probable cause to do so? Ą Were you informed of your right to talk to a lawyer before taking a breathalyzer test? Ą Was there a medical condition that could explain your apparent inebriation or your allegedly positive breath or blood test? Ą Were the field sobriety tests that the police officer used to justify your arrest reasonable? (Could a sober person reliably perform acceptably under the same circumstances that you faced?) Ą Are you, in fact, battling the disease of alcoholism? And if so, does rehabilitation and addiction treatment make more sense for you than criminal penalties?
Thomas Dougherty: An OUI conviction plea of 'guilty" or admission to sufficient facts will be a permanent part of your driving record. It does not "come off" your record after 5 years -- it never comes off your record. Moreover, a conviction, guilty plea or admission to sufficient facts plea is reported to the Massachusetts Registry of Motor Vehicles, which in turn, reports it to the National Driver's License Registry. These computer records are accessible to driver's licensing agencies nationwide. Any non-resident driver's home state driver's license agency (RMV, DMV, DPS, etc.) will in all likelihood receive a notice from the Massachusetts Registry of Motor Vehicles if any license suspension or case disposition (conviction or admission to sufficient facts) occurs in Massachusetts and the non-resident license is involved. In almost all cases an admission to sufficient facts plea, guilty plea or guilty verdict in a criminal case for OUI in the state of Massachusetts will cause a suspension to occur in the non-resident's home state. A "not guilty" or other non-OUI disposition of the case will prevent such consequences. BLOOD ALCOHOL CONTENT Massachusetts recently became a "per se" state. This means that if your breath or blood are tested and the result is .08 or above, you will be found guilty if and only if the judge or jury believes the test was conducted properly and the reading was accurate. There are many reasons why the test may not be used against you. This may be as a result of poor record keeping by the police, machine malfunction or an improperly administered test. The are also medical and environmental reasons why the test may be. It is important to get legal advice from a lawyer who specializes in drunk driving defense before admitting to anything. SUBSEQUENT OFFENDER STATUS "Repeat offender" status for OUI cases is determined in Massachusetts based upon a lifetime "look back" period. This status is used for purposes of increased mandatory minimum punishment. The last sheet of this summary is a GRID which sets out in a handy chart the MANDATORY MINIMUM punishment for OUI cases. A bad record can come back to haunt a person facing a current OUI charge. Remember that a judge can: increase your punishment (up to the maximum penalties set by law) over that which he/she would give another person with no prior record; allowing the prosecutor (in some instances, after notice and a pre-trial hearing) to introduce evidence of prior instances where you were convicted of crimes, although it is extremely unlikely that a prior OUI charge will be used. The prosecutor may attempt to bring in evidence from any case, even those older than 5 years. This type of evidence can be used as "impeachment" evidence if and only if the accused takes the stand in his/her own defense. Use of prior convictions especially prior OUI convictions is extremely rare: SPECIAL NOTE FOR ANY CONVICTION OF OUI, PLEA OF GUILTY OR ADMISSION TO SUFFICIENT FACTS: The sentencing court has broad powers at sentencing insofar as whether to probation conditions. Furthermore, if probation is granted (in lieu of jail time), the conditions of probation can be extremely onerous and restrictive. Moreover, all jurisdictions charge monthly "supervision" fees so that the person pays for his/her probationary sentence. The length of probation is optional with the judge.
Russell Matson: You can represent yourself -- although it is not a good idea. "Drunk driving" is a complicated area of the law, and you want someone who has experience in trials as well as constitutional and sentancing issues. ... A qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses and may be able to win your case at trial. Get the Facts on the DUI Penalty You're Facing The following is a list of both the most likely and the maximum penalties you are facing if you are found guilty of an OUI in Massachusetts. DUI/DWI cases are a very complicated area of the law, and this information can be hard to understand. That's why I try to lay out "The real deal" for you, and I'll also be happy to speak with you to explain it to you in plain English. Also remember OUI laws change frequently, and the impact of a prior conviction on your record can have unforeseen negative consequences in the future. The Registry also regularly changes requirements for getting your drivers license reinstated, or getting a hardship license. If you've been arrested, you want to know what you are facing, and what your options are. That's why it makes sense to get a case evaluation from an experienced lawyer who handles DUI/drunk driving cases everyday. If you fight the case and win at trial, your penalty is nothing. Massachusetts OUI/DUI Law - First Offense Penalty * Jail: Not more than 2 1/2 years House of Correction * Fine: $500-$5,000 * License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months Alternative Disposition (1st Offense OUI) * Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.) * Pay a number of fines and court fees (over $2500 in total), as well as take a hit to your insurance. * Unsupervised probation for one year. * Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. * License suspended for 45 to 90 days (not including any penalty for breath test refusal) * License suspension is 210 days for drivers under age 21. * You are eligible for a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases. Massachusetts OUI Law - Second Offense Penalty * Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years * Fine: $600-$10,000 * License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won't be eligible for a hardship or full license restoration for at least 3 years total.) * As of January 1, 2006 - Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) * 2 years probation * 14 day confined (inpatient) alcohol treatment program paid for by the defendant * License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months. * As of January 1, 2006 - Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license). * If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is still a tough punishment to accept for many people. Given that there isn't that much risk of a worse outcome if you choose to fight the case in court, most people choose to take a chance at no penalty, even on a weak case. Remember, even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the case. Massachusetts OUI/DWI Law - Third Offense Penalty(3rd) Penalty * Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) * May be served in a prison treatment program * Fine $1,000-$15,000 * License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years * Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty. For a 3rd offense charge, this is a good reason to fight the case and look for a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can't provide sufficient proof of the prior offenses (which can happen if they are old, or out of state) MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties * Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years (felony status) * Fine $1,500-$25,000 * License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge. Even a small chance of winning the case is worth the risk, since it is probably your only chance to avoid jail time. MASSACHUSETTS OUI/DUI LAWS - FIFTH OFFENSE (5th) Penalty * Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) * Fine $2,000-$50,000 * License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth (may 6th), seventh (7th), or greater OUI offense, the punishment and mandatory jail time you are risking if found guilty will even longer. Call me for details. Remember that almost no case is unwinnable. Some cases do have challenging facts, and I always give my clients a realistic view of what we can expect for an outcome. But an experienced attorney like myself will always find the positive elements in a case to establish reasonable doubt. I've won many cases that looked nearly hopeless. Even when the facts look bad and there isn't much for us to work with, there's always a real chance that the DA or the police will fumble at trial and give us a chance to win. You'd be surprised how often this happens. Prosecutors often drop the ball on evidence procedures, and are also frequently unable to prove prior offenses, especially if the previous convictions are more than a decade old. So even if you lose, you may not be facing the mandatory penalties you think. If you are looking at jail time on a 3rd, 4th, or 5th offense OUI, it nearly always makes sense to go to trial, and make them prove their entire case against you. I've won many multiple offense drunk driving trials. Call me and we'll talk about what I can do for you. Attorney Russell Matson (781)380-7730 Further Reference - M.G.L. Chapter 90, Section 24 of the Mass Drunk Driving Statute (not easy reading!)
Schultz, Schwartz, & Weinberger: You should consult an attorney for individual advice regarding your own situation.
Darche Law: Drunk driving is usually referred to as OUI in Massachusetts. Currently, it is one of the most aggressively enforced crimes in Massachusetts. Like most states, Massachusetts law considers a person to be under the influence of alcohol is their blood alcohol content (BAC) is 0.08. As of July 1, 2004, a breathalyzer test of 0.08 or higher can be considered proof of intoxication. Since November 29, 2002, any OUI conviction will carry with you for the rest of your life. It is important that you understand all of the penalties and implications of your OUI case.
Edward Sharkansky: Wrongful convictions most frequently occur in the prosecution of DUI/DWI cases. This tragedy can be avoided by simply hiring an attorney who specializes in drunk driving defense. Do not make the same mistake that so many others now regret… What do police officers look for when searching for drunk drivers on the highways? The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration: * Turning with a wide radius * Straddling center of lane marker * "Appearing to be drunk" * Almost striking object or vehicle * Weaving * Driving on other than designated highway * Swerving * Speed more than 10 mph below limit * Stopping without cause in traffic lane * Following too closely * Drifting * Tires on center or lane marker * Braking erratically * Driving into opposing or crossing traffic * Signalling inconsistent with driving actions * Slow response to traffic signals * Stopping inappropriately (other than in lane) * Turning abruptly or illegally * Accelerating or decelerating rapidly * Headlights off Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety. If I'm stopped by a police officer and he asks me if I've been drinking, what should I say? You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication -- and it may explain the odor of alcohol on the breath. Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test? The law on this varies from state to state. As a general rule, however, there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some states, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing. Of course, this does not mean that you cannot ask for one. What is the officer looking for during the initial detention at the scene? The traditional symptoms of intoxication taught at the police academies are: * Flushed face * Red, watery, glassy and/or bloodshot eyes * Odor of alcohol on breath * Slurred speech * Fumbling with wallet trying to get license * Failure to comprehend the officer's questions * Staggering when exiting vehicle * Swaying/instability on feet * Leaning on car for support * Combative, argumentative, jovial or other "inappropriate" attitude * Soiled, rumpled, disorderly clothing * Stumbling while walking * Disorientation as to time and place * Inability to follow directions What should I do if I'm asked to take field sobriety tests? There are a wide range of field sobriety tests (FSTs), including heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pat, etc. Most officers will use a set battery of three to five such tests. Unlike the chemical test, where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails". Thus, in most cases a polite refusal may be appropriate. Why did the officer make me follow a penlight with my eyes to the left and right? This is the "horizontal gaze nystagmus" test, a relatively recent development in DUI investigation. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical jargon for a distinctive eye oscillation); if this occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go. This field sobriety test has proven to be subject to a number of different problems, not the least of which is the non-medically trained officer's ability to recognize nystagmus and estimate the angle of onset. Because of this, and the fact that the test is not accepted by the medical community, it is not admissible as evidence in many states; it continues, however, to be widely used by law enforcement. Should I agree to take a chemical test? What happens if I don't? The consequences of refusing to submit to a blood, breath or urine test varies according to the state. Generally, there are three adverse results: * Your driver's license will be suspended for a period of time, commonly three, six or twelve months. This may be true even if you are found not guilty of the DUI charge; in California, the suspension for a refusal on a first offense is one year. * In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense (in California, 48 hours). * The fact of refusal may be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal. Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing. Do I have a choice of chemical tests? Which should I choose? In most states, you have a choice -- of breath, blood or urine (most states, however, do not offer urinalysis). If you choose breath, many jurisdictions permit you to have a second test of blood or urine; this is because a breath sample is not saved and so cannot later be re-analyzed by the defense. In California, only blood or breath are offered, unless neither are available in which case urinalysis is possible; a blood sample will be taken if requested after a breath test is given. Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate by far, however, is urinalysis. Thus, if you are confident that you are sober, a blood sample is the wise choice; urine, being least accurate and most easily impeached, is the best option if you believe your blood-alcohol concentration is above the legal limit. The officer never gave me a "Miranda" warning: Can I get my case dismissed? No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law - that is, your legal obligation to take a chemical test and the results if you refuse. This can effect the suspension of your license. Why am I being charged with TWO crimes? The traditional offense is "driving under the influence of alcohol" (DUI), or in some states, "operating while intoxicated" (OWI), or "driving while intoxicated" (DWI). In recent years, however, 49 states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (either .08% -- as in California -- or .10%). In those states, BOTH offenses are charged. The defendant can even be convicted of both, but can be punished for only one. If the case involves a refusal to submit to chemical testing, of course, only the traditional offense will be charged. The officer took my license and served me with a notice of suspension after the breath test: How can he do that if I'm presumed innocent? Agreed, it is blatantly unfair. But the law in most states (including California) having a "per se" statute (see question #10) provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit). Warning: Be aware of a 10-day deadline for calling the California DMV to request a hearing on the suspension and to get an extension of the temporary license. Can I represent myself? What can a lawyer do for me? You can represent yourself -- although it is not a good idea. "Drunk driving" is a very complex field with increasingly harsh consequences. There is a minefield of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. What can a lawyer do? Nothing (or worse) if he is not qualified in this highly specialized field -- no more than a family doctor could help with brain surgery. A qualified attorney, however, can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension, etc. How can I find a qualified drunk driving lawyer? The best way to find a good DUI/DWI lawyer is by reputation. There are a few attorneys who have national reputations; these, of course, are expensive. Thus, the best approach is to ask other attorneys in the jurisdiction: Who is the best in the area? If you do not know any attorneys, go to the local courthouse and ask bailiffs, clerks and public defenders: Who would THEY go to if arrested for drunk driving? Contrary to popular belief, it is not a wise idea to obtain a referral from the local Bar association or referral service. There are rarely any qualifications required for an attorney to be on a referral list; he usually only has to ask to be placed on it. When you call, you are simply given the next name on that list. An excellent indication of quality and experience is membership in the National College for DUI Defense. Completion of that organization's intensive three-day seminar presented at Harvard Law School every year is another clear sign of expertise. Board-certification by the College, however, is the highest level of recognition. When you meet with the attorney, make sure of three things: * He has extensive experience in DUI/DWI litigation; * He has a reputation for going to trial in appropriate cases, rather than just "copping out" his clients; and * The financial terms of representation are clear. Caution: Beware of lawyers claiming to be experts in the field who simply refer you to other "top DUI lawyers" and who then receive a fee from those lawyers. What will it cost to get a lawyer? This varies, of course, by the reputation and experience of the lawyer and by the geographic location. As with doctors, generally, the more skilled the attorney and the larger the city, the higher the fee. A related factor is the amount of time a lawyer devotes to his cases: the better lawyers take fewer clients, spending more hours on each. The range of fees is huge. A general practitioner in a small community may charge only $500-1000; a DUI specialist with a national reputation may charge up to $15,000 or more, depending on the facts. In addition, the fee may vary by such other factors as: * Is the offense a misdemeanor or felony? * If prior convictions are alleged, the procedures for attacking them may add to the cost. * The fee may or may not include trial or appeals. * Administrative license suspension procedures may also be extra. * The lawyer may charge a comprehensive fixed fee, or he may ask for a retainer in advance -- to be applied against hourly charges. * Costs such as expert witness fees, independent blood analysis, service of subpoenas, etc., may be extra. Whatever the fee quoted, you should ask for a written agreement. And make sure you understand all the terms. What is the punishment for drunk driving? Again, this varies according to the laws of the state and the customs of the local jurisdiction. Generally speaking, a conviction for a first offense may involve a fine, a license suspension or restriction, attendance at a DUI education course for a period of time, and probation for perhaps three years. A short jail sentence may or may not be required; for a second offense, it almost certainly will. Additional punishment may involve community service, ignition interlock devices, AA meetings, and/or impounding of the vehicle. What is a sentence "enhancement"? Most states increase the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense -- usually within five or seven years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include: * A child was in the car at the time. * The defendant was travelling 20 or 30 miles over the speed limit at the time. * The blood-alcohol concentration was over .20%. * The defendant refused to submit to a chemical test. * There was property damage or injury. * The defendant was under 21 ("zero tolerance" laws commonly require a much lower blood - alcohol level, and impose longer license suspensions). * In most states, the existence of significant personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, in a few states (including California), murder charges. What is a "rising BAC defense"? It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested. Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit -- but his actual BAC AT THE TIME OF DRIVING was below. What is "mouth alcohol"? "Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact. Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 minutes before taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. A chronic "reflux" condition from gastric distress or a hiatal hernia can cause elevated BAC readings. What defenses are there in a DUI case? Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: * Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle. * Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues. * Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. * Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states (including California) this may invalidate a DMV license suspension based upon a refusal to provide a breath/blood sample. * "Under the influence". The officer's observations and opinions as to intoxication can be questioned -- the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". Too, witnesses can testify that you appeared to be sober. * Blood-alcohol concentration. There exists a wide range of potential problems with blood, breath or urine testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist. * Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results. * Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving (see question #17). Again, a number of complex physiological problems are involved here. * Regulation of blood-alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc. * License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicl
Andrew Norton:
If you are stopped for drunk driving in Massachusetts, you will be asked to take a field sobriety test, and possibly a breath alcohol test and / or a blood alcohol test. You have the absolute right to refuse these tests . Examples of the field sobriety tests include saying the ABC's, walking heal to toe or touching your nose with your forefinger. If you refuse the breath test your license to operate a vehicle will be suspended. There is no penalty however for refusing sobriety or field tests. In most instances evidence of field sobriety tests and breath or blood tests can be used against you...
Massachusetts law now allows for a life time look back for prior drunk driving offenses in determining the level of the current offense. Prior law only allowed a ten-year look back to prior offenses. In other words, now if you had a drunk driving conviction from 20 years ago and get new one, the newest offense will be counted as a second offense whereas before the Court would not consider it. With each increase in level of offenses, whether it's charged as a second, third or fourth offense the penalty, punishment and jail time a person faces increases dramatically.... If you are charged as a repeat offender it is absolutely critical that you have the prior offenses examined to determine whether they can be removed from consideration in the new case.
Conviction for OUI can result in serious, life-changing consequences that affect your family and your ability to earn a living.

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