What is a per se DUI?

A per se DUI is referred to in a case where a motorist submit to a breathalyzer and the reading was over .08. In a case with a breathalyzer reading, the Commonwealth will proceed by trying to offer the breathalyzer result into evidence. However, the case can still be won, by excluding the breathalyzer test or by offering other defenses to the accuracy of the test results.

Is OUI a misdemeanor or felony?

A Massachusetts DUI is a misdemeanor unless the person has two prior OUI convictions, meaning that an OUI only becomes a felony upon conviction of a 3rd offense.

Will I have to have the ignition interlock installed if convicted?

The ignition interlock is only required in Massachusetts upon conviction of a 2nd offense OUI, regarding of whether the prior offense occurring in Massachusetts or another State. The Massachusetts Registry of Motor Vehicles will consider all prior OUI/DUI convictions even those occurring out of state.

Can I handle a DUI case without a lawyer?

While any person can represent themselves, it is not a good idea given the serious consequences that attach of an OUI conviction and the number of defenses to OUI cases. DUI trials in Massachusetts are the most common type of trial and the most difficult to prove. Further, in most cases, a motorist will end up with essentially the same disposition after trial as by accepting a plea agreement, so in most cases, there is no penalty for exercising your Constitutional right to a trial.

What if a failed the field sobriety tests can I still win my case?

The police report is only one side of the story; the field sobriety tests can be interpreted in many different ways to show that your performance was better than what the officer gave you credit for; that other things you did and explained indicate that you were not impaired and that these tests are not reliable indications of whether someone is under the influence but general balancing and coordination tests.

Do I have to testify if the case goes to trial?

An OUI defendant, like any individual charged with a criminal offense does not have to testify and the failure to testify cannot be considered by the judge or jury. While any defendant has the absolute right to testify, in many cases, I recommend that my client not testify as their testimony is unnecessary as the Commonwealth's case is weak from the start. Prior to any trial, I go over the benefits and risk of any client testifying in court so that an informed decision can be made whether the client will testify. Generally, there is little to be gained by a client testifying.

How long will it take to have a trial?

Cases usually take between six months and one year, depending on the court and the circumstance of each case. Time generally helps a person charged with OUI as the officer's recollection of the incident fades over time.

What is a CWOF?

A CWOF, is known as a continuance without a finding. While it is technically not a conviction, the Registry of Motor Vehicles treats a CWOF as a Guilty for the persons of counting the number of OUI/DUI offenses a motorist has committed.

Will the jury know that I refused a breathalyzer test?

Evidence that a motorist refused a breathalyzer test is inadmissible in Massachusetts. Accordingly, unlike in other states, A jury is not permitted to draw an adverse inference from your refusal to take a breathalyzer test.

Are the results of the preliminary breathalyzer test admissible?

The results of the PBT or preliminary breathalyzer test are inadmissible as the PBT has never been deemed scientifically reliable.