In Massachusetts, driving underneath the influence (DUI), or operating underneath the influence (OUI), is just a serious crime resulting in court penalties and penalties from the Registry of Motor Vehicles. Among a few of the penalties of DUI/OUI include license suspension, fines, as well as jail time.

For individuals who are repeat or extreme OUI offenders whose blood alcohol content (BAC) exceeds .20, there are stronger punishments. Massachusetts uses the OUI standard, whereas other states utilize the DUI standard. With the OUI standard, drivers could be charged if the keys have been in ignition, even if the operator is pulled over off the road. In order to get yourself a DUI charge, on one other hand, the driver must be driving.

drinking and driving image

When you’re suspected of DUI/OUI in Massachusetts, an officer can request you to take a breathalyzer sobriety test. In a breathalyzer sobriety test, your BAC is measured to find out if you are legally driving underneath the influence. Predicated on your actual age and the type of vehicle you’re driving, there are different acceptable BAC levels. Drivers will be charged having an OUI following these conditions:

  • Drivers age 21 or older – BAC degree of .08% or above
  • Drivers below age 21 – BAC degree of .02% or above
  • Commercial drivers – BAC degree of .04% or above

Along with a breathalyzer sobriety test, an officer can request you to take several field sobriety tests criminal lawyers near me. Field sobriety tests may include the horizontal gaze nystagmus test, the one-leg stand test, and the walk-and-turn test. Field sobriety tests are designed to measure a particular response or reflex that could be hindered if a person has been drinking.


Drug and Alcohol Crimes

Massachusetts mandates additional drug and alcohol related laws. Under the open container law, it is illegal to use a motor vehicle having an open container of alcohol, regardless of who is holding it or where it is situated in the vehicle. If this law is broken, you may face a $100 – $500 fine. You may also be pulled over if any prescription, over-the-counter medication, or illegal drug has effects on your capability to drive. For just about any drug conviction, the state of Massachusetts will revoke your driver’s license or learner’s permit. Revocation periods may last ranging from 1-5 years. If you are convicted of operating under the influence of alcohol, drugs, and other substances, the amount of offenses you’ve had greatly impact the type of penalties you will receive. To learn more on OUI crimes and penalties in Massachusetts, visit

How Our Lawyers Can Help You

In Massachusetts, OUI standards are strict, and factor in several components to guarantee the safety of our roads. For this reason, laws and charges are more encompassing to curtail drunk/drugged driver offenders. If you are charged with having an OUI in Massachusetts, you will be given a court date for an arraignment. You will have pre-trial hearings and motions ahead of the trial itself, where in actuality the case is decided with a judge or jury.

When you yourself have faced an OUI charge and feel like there’s not enough justification, no reasonable cause, and other components to element in, it is very important to get hold of an experienced attorney. If you are a victim of a drunk/drugged driver related incident or are the person to blame, our lawyers at Facchini & Facchini, PC will be there with you every step of how you can ensure you understand your rights, and what evidence there’s for the case.


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