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Russell Matson:

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How You May Be Able To Beat Your DUI

Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses ­ all of which may help you to win your case at trial.

To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

Massachusetts DUI Drunk Driving Defense Information

Search for Massachusetts DUI Attorneys by County.

Worcester Drunk Driving Lawyers

• Law Firm of LoConto, Burke and Madaio:

  OUI / Drunk Driving

  OUI / Drunk Driving Attorneys

  The implications for getting convicted for operating under the influence are very serious. License loss, insurance surcharge and incarceration are all possible consequences for being convicted of “drunk driving”. The bottom line is that you need a trial attorney to best advise you. Trying a drunk driving case requires experience.

  1. Do I have to take the breath test?

  No, you don’t have to take the breath test. Evidence of your refusal to submit to a breath test is generally not admissible against you either.  A refusal to take the test will have implications for your license status because of the Registry of Motor Vehicles and the implied consent laws. If you have taken the test and received a reading greater than .08 then you will need an experienced attorney who can investigate how the test was administered, determine whether it was done in accordance with the law, challenge those results and argue to the jury why that reading should not mean automatic conviction. 

  2. Do I have to take field sobriety tests?

  No, you don’t have to take any test that you don’t want to and the refusal to take them, as a general rule, is not admissible against you. As a general rule, the police will administer a battery or series of “standardized field sobriety” tests to try to determine whether you are “under the influence”. Anything you do while performing those tests will be used against you. We have cross-examined hundreds of police officers on behalf of our clients. We know what the police are looking for and the elements of each and every of the so-called “standard” tests.

  3. What happens if I get convicted?

  That depends on the facts of your case and what number offense it is on your record. A jail sentence is possible and in some cases mandatory. A license loss of anywhere from 45 days to lifetime suspension is also possible. If you receive probation, almost certainly it will include fines, fees, drug and/or alcohol evaluations for counseling, and counseling for substance/alcohol use. The right lawyer can help minimize your exposure and maximize your chance for an acquittal.

  4. What are the police looking for if I get pulled over?

  The police are looking for evidence of intoxication. They, generally, observe your driving for a period of time to see if you can operate your vehicle properly. They look for things like speed, swerving, marked lane violations and how you stop your car when signaled to do so. Upon approaching your car you will be asked for your license and registration and they will observe how you produce those documents and whether you have any trouble doing so. You will be asked whether you have had anything to drink and how much. The police are also looking for any and all physical signs of intoxication. Such things include odor of alcohol, blood-shot or glassy eyes, your motor skill coordination, the manner you speak and whether you display any confusion with the officer’s questions. If asked to step from your vehicle, they will observe whether you have any trouble getting out of the car.

  5. This is my “first offense” and I just want to get it over with, is that the best thing to do?

  Getting things done quickly is not necessarily in your best interest. Making decisions early in the case, such as at arraignment, when you’re embarrassed at having been charged or arrested may have life altering consequences. Most convictions or admissions are forever.  Always consult an experienced lawyer before making any decision.

• Beverly Chorbajian: Jurisdiction is a court's power to hear and to decide cases. There are two types of jurisdiction. The two types are subject-matter jurisdiction and personal jurisdiction. Subject-matter jurisdiction is the power of a particular court to hear and to decide certain types of cases. Personal jurisdiction is the power that a court exercises over a particular person.
• Micheal Reno: A criminal conviction can have serious consequences for all aspects of your life.  An experienced lawyer can help you deal with these issues.
• Chris Uhl: In America you are supposed to be innocent until proven guilty because this is the law of our forefathers. Today, the media depicts the accused as guilty until proven innocent. This is done with drunk driving, the crime of the time. The crime is not really drunk driving or driving while drinking. The crime is operating under the influence, OUI. A person does not have to be drunk, but unable to operate their vehicle safely if required to do so after consuming some amount of alcohol. This is what the judge tells the jury every day all across Massachusetts. What does it mean, exactly? I suggest it means different things to different jurors. Ten years ago, drunk driving was not taken seriously. Today it is considered a major crime by the criminal justice system.
• C.V. Shea: In America you are supposed to be innocent until proven guilty because this is the law of our forefathers. Today, the media depicts the accused as guilty until proven innocent. This is done with drunk driving, the crime of the time. The crime is not really drunk driving or driving while drinking. The crime is operating under the influence, OUI. A person does not have to be drunk, but unable to operate their vehicle safely if required to do so after consuming some amount of alcohol. This is what the judge tells the jury every day all across Massachusetts. What does it mean, exactly? I suggest it means different things to different jurors. Ten years ago, drunk driving was not taken seriously. Today it is considered a major crime by the criminal justice system. The tough OUI laws took effect on Memorial Day weekend 1994. The look back provision of the law was only six years without stiff penalties.