There are numerous innocent explanations for the signs and symptoms of alcohol intoxication which, if applicable, can result in a not guilty verdict at a Massachusetts DUI trial. In most operating under the influence cases, the central issue is whether the OUI defendant's capability to safely operate his or her vehicle was diminished as a result of alcohol. Naturally, the greater the level of intoxication, the more likely it is that the driver’s capacity was diminished.

Common signs and symptoms of alcohol intoxication include erratic driving, glassy, bloodshot eyes, slurred speech, incoherence, inability to follow directions, disorientation, confusion, lack of balance & coordination, and the odor of an alcoholic beverage.

Oftentimes, swerving or other erratic operation is not the product of intoxication. For example, a driver reaching for his or her ipod or using a blackberry while driving may swerve or drive in an erratic manner. While this might constitute negligent operation, it does not mean that the driver is drunk. Other systems such as glassy & bloodshot eyes can result from allergies, eye strain from reading, exhaustion and lack of sleep.

Slurred speech can sometimes be accounted for in cases where the driver has a speech impediment, is excessively tired, has a medical problem, or where English is not his or her first language. Similarly, an odor of alcohol might suggest drinking or spillage, but not necessarily intoxication.

Alleged poor performance on tests of balance and coordination, known as DUI field sobriety tests, can often be explained due to lighting, defects in the road surface, age, medical conditions, weight, physical impairments and difficulty hearing. Incompetence on the part of the officer administering the test also sometimes accounts for alleged field sobriety test failures.

In summary, there are often many credible and innocent explanations for what is documented in a DUI police report. Police reports should be thoroughly reviewed by a skilled Massachusetts DUI lawyer prior to making any decision to “plead out” or take an OUI case to trial. By interviewing the DUI client and thoroughly reviewing the facts and circumstances of the arrest, a DUI specialist can often spot deficiencies or exculpatory information and accurately evaluate the strength of the prosecution’s case. No decision in any OUI case should be made without consulting with a lawyer who has analyzed not only the police report, but also the DUI defendant’s criminal and RMV records. Some Massachusetts DUI lawyers will provide this service at no charge.

An “SR-22” or “SR-22 insurance” is a certificate that some Motor Vehicle Departments require prior to reinstating someone’s license, when the license has been suspended because of DUI, driving on a suspended license, driving to endanger, habitual traffic offender, or some other motor vehicle law violation. The SR-22 Form is proof that the driver to whom it is issued has liability insurance coverage. This assures the DMV that there will be coverage in the event that the driver causes personal injury or property damage.

Massachusetts Does not require an SR-22 Form for license reinstatements, because automobile insurance in Massachusetts is compulsory. This means that it is illegal to operate a motor vehicle or allow a motor vehicle to remain on the road if it does not have liability insurance.  However, most surrounding states will require SR-22 insurance to clear a license suspension which was triggered by DUI, driving on as suspended license, getting too many tickets, driving to endanger, habitual traffic offender, or numerous other criminal motor vehicle law violations. You can obtain a SR-22 form from your insurance company.

Prior to the issuance of an SR-22, most insurance companies will check the requestor’s driving record and they may apply an upward insurance premium adjustment for certain speeding tickets, DUI convictions, or convictions for other motor vehicle violations.  Automobile insurance can be extremely expensive for those with substantial driving records. This is another reason to fight DUI and other charges.

In order for breathalyzer results to be admissible in a Massachusetts DUI trial, the defendant must have been observed for a 15 minute period prior to the administration of the breathalyzer test. The purpose of the fifteen minute waiting period is “to ensure that the defendant has not brought any substance into his mouth, such as food, drink, or regurgitation by burping or by hiccoughing, that would have had a contaminating impact on the accuracy of the results, and to permit a sufficient lapse in time to allow such possible contaminants to clear.” Commonwealth v. Pierre, 72 Mass. App. Ct. 230, 231-232 (2008). The above-listed actions could result in an artificially high breathalyzer reading.

In Massachusetts DUI trials, the prosecution bears the burden of proving that the above-cited observation procedures have been followed. If the prosecution cannot prove compliance with Massachusetts Breath Testing Procedures, the breathalyzer results will be declared inadmissible. Without this evidence, the OUI defendant stands a good chance of being found not guilty.

This is only one area where a skilled Massachusetts DUI Lawyer can make the difference between getting convicted or acquitted of drunk driving. There are a complex set of procedures and rules that must be followed regarding field sobriety testing, breathalyzer refusals, breath testing, booking, and other aspects of Massachusetts DUI cases. The failure to follow these procedures may result in a not guilty finding or dismissal of the charges.  

If you have had the misfortune of being arrested for Operating Under the Influence, which is also known as OUI, DUI, DWI, or “drunk driving,” it is important to understand that you are not alone and you can and will get through what many describe as a traumatic and distressing experience.

16,274 people were arrested for OUI in Massachusetts last year. This number includes police officers, doctors, lawyers, airline pilots, professionals, executives, soccer moms, politicians, celebrities, and even judges. Certainly, a Massachusetts DUI arrest and all that comes with it is no day at the beach. It is an ordeal which can be embarrassing, expensive, distressing, and depressing. However, a qualified DUI attorney can help you get through the event and its aftermath with the best outcome possible.

If you have been arrested for DUI, you will undoubtedly have questions regarding the legal system, the Registry of Motor Vehicles, license suspensions, breathalyzer refusal consequences, fines, probation, court costs, alcohol programs, how to get a hardship license, and how the OUI arrest will affect you in the future.  To get accurate and case specific answers to these important questions, you should speak with an experienced Massachusetts DUI attorney. Do not risk getting the wrong information and bad advice from a lawyer to does not specialize in dealing with the Massachusetts RMV and Mass. DUI Law. It seems like everyone had a friend or family member who is an attorney. However, unless that attorney is a DUI specialist, relying on his or her advice may be a mistake. Most DUI lawyers, including those in my office, offer free consultations and advice. Take advantage of this free service to get the most accurate information and best advice regarding your situation and options.

As you navigate through the legal system and the Massachusetts Registry of Motor Vehicles, keep in mind that you are on a road well travelled. Thousands of others have gone before you and thousands will follow. With a skilled and effective DUI lawyer, you can and will get through your OUI arrest and its aftermath. 

Attorney Brian E. Simoneau

In some cases the breathalyzer can provide exculpatory evidence. This happened recently in Easton, Massachusetts.

On September 26th, Easton Police received multiple calls reporting a vehicle “all over the road” on Foundry Street. Officers located and stopped the alleged erratic operator, a 62 year old man from New York. Police formed the opinion that he was driving under the influence of liquor and arrested him for OUI and failing to say within marked lanes.

When the alleged drunk driver was brought to the police station, he was offered and agreed to take a chemical breath test, which showed that he was sober. As a result of the breathalyzer readings which showed no alcohol, the man was immediately released from police custody and the OUI charge was promptly dropped. He was, however, charged with operating so as to endanger and a marked lanes violation.

This case demonstrates that the opinion of a police officer is not always accurate and innocent people can and get arrested for and charged with OUI.

The highest court in Massachusetts decided, on Friday, that the prosecution could only introduce the lower of the DUI defendant’s 2 breathalyzer readings. In the case of Commonwealth v. Steele, the defendant was arrested for OUI and took a breathalyzer test. Breathalyzer regulations require that the test consists of analysis of a breath sample, followed by an analysis of a standard calibration solution, which is followed by an analysis of a second breath sample. This means that those arrested for OUI actually take two breath tests, with a calibration test in between. Steele’s breath sample readings were .09 and .10. At Steele's DUI trial, The district court judge refused to allow the prosecution to introduce the .10 reading into evidence and allowed only the lower reading of .09.

On appeal, the prosecution claimed that both readings should have been allowed. However, the Massachusetts Supreme Judicial Court, disagreed. The Court held that only the lower of the two readings could be used. This requirement is consistent with Massachusetts breath alcohol testing regulations.  This case signifies an important victory for Massachusetts DUI lawyers and it may be used to exclude certain breathalyzer results in future Mass. DUI cases.

The Massachusetts House of Representatives is currently considering legislation that would allow Massachusetts drivers who voluntarily install a certified ignition interlock device in their vehicles to get a tax credit of up to $1,500.00.

Massachusetts State Representatives Chris Fallon and Robert Rice have proposed the legislation (House Bill 2885) in an effort to promote driver safety. Drivers who are required by law to use the ignition interlock devices would not be able to take advantage of the tax credit.

The Bill requires that the interlock device prevent a vehicle from starting if a driver's blood alcohol level registers above .02 and it allows the Mass. RMV to make any regulations necessary for the implementation of the proposed law. However, the bill is silent to whether or not the voluntary interlock users would be subjected to the same harsh penalties and consequences as mandatory users if the device registers alcohol. Mandatory interlock users can have their licenses suspended for 10 years or lifetime for ignition interlock violations.

The Senate is currently considering strengthening Melanie's Law by making ignition interlock usage mandatory for all OUI first offenders. Currently the Massachusetts Registry of Motor Vehicles only requires second or subsequent DUI offenders to use the controversial device.

Last Saturday, Bellingham Police arrested a 66 year old woman who struck a Bellingham Police Cruiser and another parked vehicle.

Cecilia Randall, 66, of Bellingham was arrested last Saturday as a result of a hit and run accident. In addition to being charged with OUI, she was charged with disorderly conduct, malicious destruction of property, reckless driving, resisting arrest, and assault and battery with a dangerous weapon.

Springfield, Massachusetts Police arrested a 27 year old woman on Friday after she backed into a Springfield police cruiser on West Columbus Ave. Police charged her with operating under the influence of intoxicating liquor.

Plymouth Police cited a driver for DUI after he was involved in a 2 car accident on Federal Furnace Road in West Plymouth on Wednesday night.
It appears that a 31 year old Carver, Massachusetts resident, Sean McCleary, crossed into the lane of another vehicle. McCleary was cited for DUI and operating to endanger. 

Police in Cohasset, Massachusetts arrested and  charged a 24 year old Cohasset man with OUI after he struck a utility pole on Friday. According to police, the driver failed field sobriety tests and his driving indicated that he was under the influence.

Hingham Police responded to a report of erratic operation last Sunday to find that a 54 year old Quincy woman appeared to be operating under the influence. The woman allegedly exhibited slurred speech, glassy eyes, and admitted that she had consumed alcohol. Police charged her with failure to signal, failing to say within marked lanes, and 3rd offense OUI.

Westborough, Massachusetts police arrested a 42 year old Ashland man for OUI on Monday after he rear-ended an off-duty Southborough Police Officer. Westborough Police charged David L. Grady with OUI and failure to use care when starting or stopping.

A well-known Lawyer from Easton Massachusetts pled guilty to OUI 3rd and 4th offense on Wednesday in Brockton District Court. As a result of his plea, Attorney Michael G. Sites, will have to serve at last 15 to 16 months of a 2 year jail sentence, before he can be considered for release on parole. The guilty plea also resulted in multiple lengthy license suspensions and 2 years probation, in addition to the jail sentence.

Sites was on probation for a 2nd offense OUI when he committed his third OUI offense. At the time of his 3rd and 4th offenses, Sites took the breathalyzer and registered blood alcohol readings of .19 and .25, more than double and triple the legal limit of .08.

This case illustrates that no one is immune from arrest and prosecution for DUI. Lawyers, police officers, doctors, judges, and celebrities have all been arrested and prosecuted for OUI in Massachusetts. This case also shows how powerful and damaging alcoholism can be.

On a side note, it is interesting that a lawyer would take the breathalyzer and plead out every time. He never took one of his 4 OUI cases to trial.

Barnstable, Massachusetts police arrested a six-time habitual traffic offender for a 4th offense OUI on Tuesday night.

The alleged drunk driver, Scott F. Rego, told police during the OUI booking process that he had just gotten out of jail at 9:00 AM that morning on a previous OUI charge. Rego is facing the serious felony charge of DWI 4th offense.

As a result of his 3rd DUI conviction, he served 6 months in the Barnstable County Jail and 2 years probation. He was also convicted of driving on a suspended license and operating to endanger. This most recent DUI arrest will likely result in a probation violation and land Rego back in jail while he awaits his OUI trial in Barnstable District Court.

Rego's DUI arrest result from numerous calls to police from motorists alleging that Rego was chasing a woman who was driving another vehicle. The woman was able to flag down a Barnstable Police Officer for help.

When confronted by police, Rego initially attempted to flee. Police reports described him as agitated and out of control. Officers noticed a strong odor of alcohol on his breath.

At his arraignment in Barnstable District Court, Rego pled not guilty to OUI 4th offense, negligent operation, threats to commit a crime, and driving with a suspended license. Because he is a 4th offender, the prosecution has requested that he be held, as a danger to the community, while he awaits his DUI trial. A dangerousness hearing has been scheduled for Monday.