Lowell Drunk Driving Lawyers
- Panas & Panas:
If you have been arrested, it is important to immediately seek counsel before speaking to law enforcement officials.
- Paul King:
If you have been arrested ... preserve all your rights.
- Randal Ilg:
Can a person be guilty of drunk driving if he only had one drink?
The crime of drunk driving is generally defined in two ways: (1) having a blood
alcohol content above the limit set by law, or (2) driving under the influence
of alcohol. To find a person guilty under the first definition, a jury must be
convinced beyond a reasonable doubt that the person's blood alcohol content
(BAC) exceeded a certain amount. In most states the legal limit is .10 percent.
Therefore, if it is proved that the person's BAC at the time of the incident
was .10 percent or greater, he or she can be convicted of drunk driving,
regardless of how much alcohol was actually consumed. As a practical matter,
one drink would almost certainly not lead to a BAC of .10 percent or greater;
generally, a person needs to have five drinks in an hour to develop a BAC of
.10 percent. However, if there was something unique about the person or the
drink, or other circumstance, one drink could raise the BAC above the legal
limit.
In contrast, the second definition does not refer to any particular BAC. It
focuses on the driving behavior of the person; if it is impaired by the
person's consumption of alcohol, he or she can be found guilty of drunk
driving. Instead of presenting evidence of the BAC to a jury, the prosecution
seeking a conviction under this definition generally presents testimony about
the person's driving and consumption of alcohol. A police officer will often
describe the impaired driving that lead him to pull the person over and the
person's ability (or lack thereof) to perform field sobriety tests, such as
walking a straight line. Evidence is also usually presented concerning the
person's consumption of alcohol and if the jury then concludes that the
prosecution has met its burden of proof, it will convict the person of drunk
driving. A susceptible person may exhibit impaired driving after one drink and
therefore be convicted of drunk driving.
- Marcotte Law Firm:
A Special Word on DUI (DWI) Law — A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Massachusetts or New Hampshire carries with it heavy penalties, including: - A permanent criminal record
- Suspension or loss of license
- Increased insurance rates
- Community service
- Possible jail or prison time
- Alcohol assessment and treatment
- Probation
- Vehicle immobilization or forfeiture
- Serious fines
- Possible job loss
If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.
- Geary & Geary:
If you have been charged with a criminal offense, you may be confused about the next step to take. You may be unfamiliar with the court system, and have questions about what comes next. ALWAYS CONSULT WITH AN ATTORNEY BEFORE SPEAKING WITH ANYONE ELSE ABOUT A PENDING CRIMINAL MATTER.
Return to Massachusetts DUI Lawyers
|