Operating a Vehicle Under the Influence (OUI, also known as DUI)
This charge involves driving or being in control of a vehicle while impaired by alcohol or drugs. “Operating” doesn’t just mean driving; sitting in the driver’s seat and turning the keys in the ignition can be enough. Being “under the influence” does not necessarily mean being drunk or high. It means the driver’s alertness or focus was reduced by the consumption of alcohol or drugs.
The comments that follow all discuss Massachusetts law, as it is applied in Massachusetts courts. These comments do not apply to criminal cases in federal courts, or to cases in any state other than Massachusetts. None of these general comments are legal advice for a specific situation. Any time you are charged with a crime, or have questions as to what the law says, the best course of action is to talk to a lawyer about your particular circumstances.
What do they have to prove in order to convict you of operating a vehicle under the influence?
Three things: 1) you operated a vehicle; 2) on a public roadway, or in a place accessible to the public (for example, a parking lot); and 3) you were under the influence of intoxicating liquor.
Should you do field tests if the police ask you to?
If the police suspect a driver is under the influence, they can ask the driver to perform what are called “field sobriety tests.” These tests may include things like walking a straight line, or standing on one foot. The police cannot require a driver to perform these tests. If you think that taking the tests would incriminate you, the safest course may be to decline to take them. The fact that a driver declined to take field sobriety tests cannot be used as evidence against him or her in court.
How much can you drink before you are guilty of OUI?
Alcohol affects different people different ways, so there is no fixed amount of alcohol that is safe to consume. The crime is not to drink and drive, but to drive while impaired. The only sure way to avoid getting charged with OUI is to never drive after consuming alcohol.
Should you take a breath test if the police ask you to?
As is the case with field sobriety tests, the fact that a driver declined to take a breath test cannot be used as evidence in court. However, in the case of breath tests, there is a penalty for not taking one. If a driver declines to take a breath test, their license gets suspended for six months. If a driver takes the test, and the result shows 0.08% or more of alcohol in their blood, the driver’s license gets suspended for thirty days. The smaller potential suspension might sound like a reason to take the test. However, if a breath test shows a blood alcohol content of 0.08% or more, that is all the prosecutor needs to prove the defendant is guilty. The safer course may be to not provide any evidence against yourself.
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