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Operating Under the
Influence (OUI)

Operating Under the
Influence (OUI)

Getting arrested for an OUI can be a very scary experience. You have been handcuffed, processed, and told that your right to operate a vehicle has been suspended. You may be worried about the penalties and how this is going to affect your future and your family. Here is the good news: we can give you the information you need to help get your life back on track. Doctors, lawyers, students, teachers, professional drivers, nurses, even law enforcement officers are just some examples of the types of people who have come to us for help. Whether you decide to take a plea deal or fight the case at trial, we can help you.

The first step is to understand the law. Many people think they have been arrested for “drunk driving” or “driving under the influence.” There is no such law in Massachusetts. In Massachusetts, it is against the law to operate a motor vehicle under the influence of intoxicating liquors. This is commonly referred to as a charge of OUI. You do not have to be driving the vehicle to be charged and convicted. Some people have been convicted when they were just sitting in the vehicle with the keys in the ignition, even though the vehicle was not running. This is enough to be “operating” the vehicle.

Second, the prosecutor and police will not need to prove that you were drunk. They only need to prove that you were impaired. There are two ways in which they can try to convict you of operating under the influence. First, there is a presumption in Massachusetts that you are impaired if your blood alcohol concentration is greater than .08%. Second, the officer may form an opinion that you were impaired after observing your driving and performing field sobriety tests.

You may be asking yourself if it is even possible to win your case at trial. The answer to that question is different for every case, and no reputable lawyer would ever guarantee a victory in court.

Our Worcester and Boston OUI attorneys have created several pages on this website that are filled with no-nonsense information intended to help you learn about OUI laws in Massachusetts and to explain in detail why those questions listed above are crucial to defending your case and getting you your license back. Please take a few minutes to read them and call or email us any time with any questions.

Why did the police officer pull me over? This page explains what evidence the police need under the Constitution to stop you and then ask you to perform alcohol testing.

Are the results of my breathalyzer test accurate? This page explains how a breathalyzer works and why the results may not be accurate.

Are the results of my breathalyzer test admissible in court? This page explains various requirements for the breathalyzer test to be admissible in court, and the common reasons to exclude it.

What will happen when I go to court? This page explains what happens at each stage of the proceeding.

What could happen to me? This page explains, in very simple terms, exactly what the penalties could be for an OUI.

If you or a family member has been charged with OUI, call KJC Law Firm for a free consultation.

We will tell you whether you have a defense and help you fight your case. KJC Law Firm has more than 125 years of experience litigating major cases, including criminal defense cases. We have the resources to investigate your claim, hire the necessary experts, and get you the justice that you deserve. KJC Law Firm represents people accused of crimes from communities all across Massachusetts, including the Greater Boston area, Cambridge, MetroWest, Worcester, Springfield, Cape Cod, Fall River and Lowell. Contact us today to set up a consultation.

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