Massachusetts law prohibits driving under the influence of drugs in the same manner as driving under the influence of alcohol. A DUI/OUI drug charge is often difficult for the Commonwealth to prove, because the signs of impairment by drugs are more difficult to detect than alcohol and because officers are not as well trained in detecting signs of drug impairment as compared to alcohol impairment.

Often, a place officer will make an arrest for an OUI drug charge after concluding that a motorist is not under the influence of alcohol or after a motorist passes a breathalyzer test. Further, an OUI drug charge may arise based on statements or admissions from the driver of drug consumption or based on an odor of a drug such as marijuana.

For the Commonwealth to prove a DUI drug charge, the Commonwealth will have to show that the motorist was operating under the influence of a narcotics drug, depressant or stimulant, or any drug listed as habit forming by the United States Attorney. In addition to proving that the narcotic is covered by the statute, the Commonwealth must show that the motorist was operating under the influence of the narcotic drug. Like an OUI alcohol case, this requires proof that the narcotic drug reduced a motorist’s ability to operate a motor vehicle safely. A police officer may use field sobriety tests and or a DRE exam, which must be performed by an officer trained as a DRE or drug recognition expert. A police officer will evaluate a motorist’s, coordination and balance, ability of the eyes to track objects, referred to as horizontal gaze and will evaluate a motorists appearance, to detect signs of being impaired by drugs. An officer suspecting a driver is under the influence of drugs may also request a blood or urine test.

If you were arrested and charged with an OUI/DUI drugs, call Attorney DelSignore for a free consultation and he will explain the defenses to your case.