|
||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Download the information on this page in brochure form:
What is DUI or OUI?DUI or OUI is operating a motor vehicle while you are under the influence of alcohol or intoxicating liquor. This is a criminal charge, and anyone operating a motor vehicle on a public way while under the influence of intoxicating liquor, narcotics, marijuana, or any other substance which may affect the ability to drive safely has violated the law. If you are convicted you will lose your license, pay thousands of dollars in penalties, court costs, program costs, probation fees, and insurance surcharges. In Massachusetts, the legal limit for alcohol is .08% Blood Alcohol Content (BAC). If you are under 21 years of age, the limit is .02%, which is known as the “zero tolerance policy”. BAC is usually determined by a chemical breath test machine used at the police station after being arrested. BAC can also be determined by a blood sample. Massachusetts now has a “per se” law, meaning if the prosecutor can prove by means of a breath test or blood test that your BAC is .08%, you are deemed guilty. What you should know and do if you are stopped1. DUI or OUI is a criminal offense which stays on your criminal record for life. Even an admission with completion of an alcohol education program is a conviction. 2. You can no longer afford a conviction on your record. Your employment, particularly in the transportation industry and the public sector, will most likely be adversely affected. 3. You have an absolute constitutional right not to incriminate yourself. This means you have the legal right to refuse to perform field tests and to refuse to submit to a breath test or blood test. 4. Your refusal to perform field tests and your refusal to submit to a breath test or blood test is not admissible against you at trial. Even when the booking officer warns you that your license will be suspended for 180 days (210 days for those under 21 and 300 days for second offenders) for failure to submit to a breath test, this is a trap that will result in your conviction. 5. Do not perform field tests and do not submit to a breath test or blood test. 6. If you are stopped:
General Advice Exercise your constitutional right not to incriminate yourself and avoid conviction. You have the legal right to refuse to perform field tests and the legal right to refuse to submit to a breath test. The courts have consistently upheld these very important rights! For more details INCLUDING PENALTIES click here or - call for a free consultation. |
|
|
