FAQs

What You Should Know if You’ve Been Charged with OUI?

You should know that:

• It usually doesn’t cost any more to hire an attorney at the outset of your case than it does to wait until later.
• Don’t pay a bail bondsman without seeking legal counsel first. I may be able to get your bail reduced or eliminated.  It’s important to try this step first, as it can save significant money.
• Don’t say anything on social media about your arrest. Assume that the prosecutors will be looking at all of your social media accounts to see if you are making any postings that might be interpreted as a confession.
• Don’t discuss the details of your arrest with family or friends, particularly those who may have been involved in the incident leading to your arrest. You have the right to remain silent – please use it.

What Constitutes Operating a Vehicle While Under the Influence in Massachusetts?

The crime of operating a vehicle while under the influence consists of operating a vehicle under one or more of the following substances:

• Alcohol
• Marijuana
• Narcotic drugs
• Depressants
• Stimulants
• Glue vapors

When does it become crime?

Generally speaking, three elements have to be proven for one to be convicted of OUI/DUI/DWI:

1. A person was operating a motor vehicle;
2. The motor vehicle was being operated on a public way; and
3. The person was under the influence of alcohol.

The key to this crime is showing that the driver’s mental state was impaired enough to diminish the driver’s capacity to drive safely and effectively. If the government is missing any of these elements (operation, public way, impaired driving), the government’s case must fail. There is no defense for a sudden emergency; citizens are never allowed to operate while under the influence.

What does it mean to “operate a vehicle”?

Operating a vehicle, under this law, is not limited solely to driving a vehicle. A person can be considered to be operating vehicle even if the engine is not running.

What does it mean to operate on a public way?

A public way is generally a road or an area open to the public. The State typically can prove public way by introducing testimony that the State or Municipality maintains the road for use by the public. Public way has also been interpreted to include private parking lots for businesses that are open to the public.

What does under the influence mean?

To be under the influence does not mean that you must be drunk or passed out. A person only needs to have consumed enough of a substance to affect his/her ability to operate a vehicle safely.

There are two ways for the State to prove that a person is under the influence:

1. Per Se: The laws state that a person is per se under the influence if a blood or breathalyzer test reveal that a person’s blood alcohol level is .08 or greater. In essence, a jury is instructed that a finding of .08 or greater satisfies the element of being under the influence.

1. Impaired: If no breath or blood test result is admissible or available, the State must introduce evidence that shows an individual’s ability to operate a motor vehicle was impaired by the consumption of alcohol or use of drugs.