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Hinman Law Blog

OUI / DWI / DUI / Drunk Driving

Drunk Driving is one of the most common, but also one of the most aggressively enforced, crimes in Massachusetts. Getting charged with Operating under the Influence (OUI), not only has the potential to lead to a criminal conviction and incarceration, it also has the potential to greatly impact your job, your family, your reputation, your driver’s license, and your bank account. Having a skilled and experienced lawyer on your side is absolutely essential. If you have been charged with OUI in Norfolk, Suffolk, or Middlesex Counties, Attorney Hinman will work tirelessly to protect your rights and your interests through every step of the process. Being pulled over and charged with OUI can be a confusing, embarrassing, and devastating experience. However, be assured that it is not the end of the world. There are various defenses that can be used, depending on the circumstances of your case. As a former prosecutor, Criminal Lawyer Kathryn Hinman has handled hundreds of OUI cases and attended several OUI trainings with the State Police and other law enforcement agencies, and has the experience necessary to provide you with the strongest defense.

There are two ways that you can be arrested for drunk driving in Massachusetts. The first is on a theory of impairment. You can be arrested on this theory even if you refuse to take a Breathalyzer, or even if you “pass” a Breathalyzer test. The arresting officer will make certain observations, such as swerving, a traffic violation, fumbling, an odor of alcohol, or slurred speech, to determine that you are impaired. Field Sobriety Tests are also commonly used. Most people don’t realize that, like a Breathalyzer test, you also have every right to refuse to take Field Sobriety Tests. You can read more about Field Sobriety Tests here.

Another way that you can be arrested for OUI in Massachusetts is by “failing” a Breathalyzer Test. It is well within your rights to refuse to take a Breathalyzer Test. Your refusal cannot be used against you at trial, but you will automatically lose your license for 180 days. If Breathalyzer results indicate a blood alcohol content of .08% or higher, this is automatic proof of intoxication. You will be immediately arrested and will lose your license for 30 days. You can read more about Breathalyzer Tests here.

Melanie’s Law was effective in Massachusetts as of October 28, 2005. The purpose of the law was to enhance penalties and administrative sanctions for Operating under the Influence. You can read more about Melanie’s Law and OUI penalties here.

If you have been charged with OUI in Wellesley, Natick, Framingham, Milton, Wayland, Sudbury, Norwood, Westwood, Waltham, Needham, Dedham, Newton, Brookline, Boston or anywhere in Middlesex, Norfolk or Suffolk Counties, contact Criminal Attorney Hinman for a free consultation at 617-283-4480 fill out the form to the left for an immediate response.

  • License Suspension / Hardship Licenses / RMV Hearings
  • FST / Breathalyzer
  • OUI Penalties and Melanie’s Law