Additional Information:

I was driving on Route 495 near Tewksbury and tried to pass a vehicle on the right that was stopped in the left lane.  It had been raining the entire night before so the shoulder of the road was slick and muddy, and my van slipped into the ditch on the side of the road.  A police officer appeared as my car was being towed out, and conducted field sobriety exercises.  He didn’t offer a breathalyzer test but placed me under arrest for DWI.  What can I do to fight this case?

ATTORNEY ANSWER:

It seems to me that you have a good operation case. That is, the government needs to prove that at the time of your operation you were impaired by alcohol.  If they do not know when that was, then you have a pretty good case to defend.  Additionally, without a breath test and no observation about how the accident occurred it semms as though you have a good case to begin with.   As a board certified DWI lawyer, I’d be happy to consult with you on this matter. [Read more...]

Additional  Information:

My wife and I had gone out for dinner, we both had a few drinks but decided she should drive.  Acton police pulled us over for an expired registration and the police officer requested a breath test.   She was arrested for OUI but she had bronchitis at the time, wouldn’t that affect the accuracy of the test?  We didn’t think to mention this at the time of the arrest.  Either way, what do we do now for the best outcome?

ATTORNEY ANSWER:

Bronchitis may affect her ability to provide the requisite volume of air for the machine to register a sample.  There are certainly issues with the breath test, but beyond the inability to submit a sample do not know if this would affect the reading.  As far as the outcome, it depends on how high of a reading the Breath test reading was.  If she has other issues like acid reflux or GERD, then this may have an affect on the reading if alcohol remains in her stomach, which is likely give the fact that you just had dinner and some wine.  For the best outcome, consult with a board certified OUI defense attorney. [Read more...]

Additional Information:

I think my ex-boyfriend called the police and gave an “anonymous” tip of a reckless driver and gave my car make/model and license plate number.  He knew which restaurant I went to in Shrewsbury.  I had 2 glasses of wine at dinner and was arrested for OUI.  Can the police legally pull me over if my ex-boyfriend wanted to get me in trouble?  What do I do now?

ATTORNEY ANSWER:

All the calls that come into the station are recorded in some fashion or another.  If we can show that the call was not based on personal knowledge of your operation rather an attempt to get you into trouble then you may have a good shot at getting the stop thrown out and thus the case dismissed.  If you only had two glasses of wine then you were not likely to be impaired by those drinks and should fight the case if the motion to suppress the stop of your car is denied.  I would be interested to know more about the encounter with the police by way of performance on the field tests and whether you submitted to a breath test.  For a free consultation from a Board Certified Lawyer in OUI/DUI defense please give me a call. [Read more...]

Additional Information:

I was on a business trip to the greater Boston area and accidentally turned into oncoming traffic on Route 9. I quickly recognized my mistake and turned around into the eastbound lane but was stopped by Wellesley police and arrested for DUI anyway.  I declined the breath test and have a co-worker who can testify that I didn’t any anything to drink.  What steps do I take now to fight the DUI?

ATTORNEY ANSWER:

The first step is to find a lawyer who focuses on OUI/DUI defense in Dedham District Court.  From there the process of fighting the case begins with a pre-trial conference date  to make sure that we have all of the discovery necessary to defend the case.  From there, we may or may not file motions on your behalf to flesh out Miranda violations or other violations of your constitutional rights.  Once that is done a trial date will be set where we will have an opportunity to cross examine the officer and present our evidence.  I handle a fair amount of business in Dedham District Court and am very familiar with the District Attorneys and Judges in that Court.   For a free consultation from a Board Certified Lawyer in OUI/DUI defense please feel free to contact me. [Read more...]

Additional Information:

I was arrested for OUI and appeared in Framingham district court and was not convicted.  Now it’s listed as an outstanding OUI charge on my record.  How can I fix it and get my license again?

ATTORNEY ANSWER:

If you received a Continuance without a Finding (CWOF), this cannot be removed from your record, it is part of your permanent record.   As far as getting your license returned, you should be eligible for a hardship license within 3 business days from your plea to the court unless you are under 21, then there may be further license ramification under our Junior Operator Laws.  If you would like some assistance with obtaining a hardship license please feel free to call me.  Thank you. Atty. Jay Milligan  [Read more...]

Additional Information:

I was involved in a car accident a couple of weeks ago.  I wasn’t arrested, but then recently I received a criminal summons/citation to appear in Woburn court for an OUI.  What kind of case can the police have?  What should I do?

ATTORNEY ANSWER:

You should sign Section B on the reverse side of the citation/ticket and hand deliver it to the court.  This needs to be done within four days from receipt of the citation/ticket.  As far as what kind of case the police have will depend on the amount of interaction they had with you, thus their ability to make observations consistent with alcohol consumption.  If you were transported to the hospital and blood was taken, the government will likely get an order for the production of your medical records and check your blood alcohol level.  For a free consultation with a Board Certified Drunk Driving Lawyer please call  me.  Thank you. Atty. Jay Milligan  [Read more...]

Additional Information:

Generally, what kind of alcohol does a person need to consume to exceed the legal limit to be considered driving drunk?  I had 3 drinks within 3 hours and was recently arrested by a MA trooper for DUI.   I cooperated and did field sobriety tests and breathalyzer. We have a family with 4 young children who need to be taken to/from school and activities. I don’t know what we’ll do if I lose my license.  What do I do now?

ATTORNEY ANSWER:

3 drinks in 3 hours is a responsible amount of alcohol to consume. The rule of thumb is that each drink depending on the type of drink, wine or hard alcohol will increase your blood alcohol level by about a .025 per drink.  That being said your body can, depending upon absorption, eliminate .015 roughly per hour at maximum. So it would seem that your blood alcohol level should be around .03-.04, well under the .08 legal threshold. It sounds like you have a good case to defend. I am curious as to the result of the breath test.  You should speak with a drunk driving lawyer who is board certified in drunk driving defense.   Please call me for a free consultation.    Atty. James Milligan [Read more...]

Additional Information:

Can a police officer or state trooper force an individual to take a blood alcohol test?  I was involved in a serious car accident on Rte 495 recently and the passenger of the other vehicle was taken to the hospital.   I thought I had the choice to decline taking a blood alcohol test, but the officer forced me to take one.  What does that mean and what should I do now?

ATTORNEY ANSWER:

Unless the State Trooper or Officer has a warrant to take your blood they cannot force you to provide a sample of your blood. Like breath testing, they can ask you to submit to a blood sample if you are in a hospital and under arrest for OUI. Otherwise they do not have any right to force you to provide a sample of your blood for testing.  You should speak with a certified drunk driving attorney to determine your course of action.  Feel free to contact me for a free consultation.   [Read more...]

Additional Information:

I understand there are 3 ways to measure your blood alcohol content: blood test, urine test and breathalyzer.  If stopped by the police, what should I know in order to make an intelligent choice about which blood alcohol test I should take?

ATTORNEY ANSWER:

It is not your option which type of test to take pursuant to Massachusetts law.  The test offered by the police is the breath test, unless you have been involved in an accident and go to the hospital then it will be a blood test.  You can at your own expense request a comparison blood test.  This would need to be done upon your release from the police station. Just as an FYI, they can also measure your alcohol level through a hair follicle test.  [Read more...]

Additional Information:

I was pulled over by Boston police last weekend. I politely declined taking the breath test.  I have my own personal breathalyzer and had taken it before getting behind the wheel.  I told the police officer that my BAC was .06 based on my own personal device and he still arrested me.   Will my breath test help or hurt my case?

ATTORNEY ANSWER:

Unfortunately, your breath test will probably not be allowed into evidence as it does not meet the requirements for introduction at trial.  However, your statements to the police may be admissible, so there may be way of getting the reading into evidence by way of your statement to the police officer.  This statement however may lead to the introduction of your refusal to take the breath test, which otherwise would not be allowed into evidence.  My guess is that you performed well on the field tests.  If that is the case you may not even need to mention the .06 reading that you registered.   If you would like a free consultation on  your situation, please give me a call. [Read more...]

Additional Information:

Our 20 year old son was arrested for drunk driving in Westford.  Are the laws the same for an underage (under 21) or teen DUI arrest?  Are the penalties the same?

ATTORNEY ANSWER:

The laws are the same. However, because your son was under 21 he will suffer from enhanced license suspensions and a requirement that he enter into and complete an alcohol education program under the Junior Operator Laws.

[Read more...]

Additional I nformation:

I was arrested and charged with DUI/OUI in Worcester.  The police have videotaped evidence of my driving and I was driving erratically.   With that kind of evidence, can a good drunk driving lawyer help?

ATTORNEY ANSWER:

The real issue is whether they videotaped you while performing the field tests and the booking procedure. Driving behavior is only one aspect of the government’s case against you. A good drunk driving lawyer can often times point out positive aspects of your case to create doubt that you were not impaired by alcohol.

[Read more...]

Additional Information:

Just to be prepared, If I’m stopped by the police or MA state trooper and he asks me if I’ve been drinking, what should I say?  I think I should decline taking a breathalyzer, is that right?

ATTORNEY ANSWER:

If stopped by a police officer and asked whether or not you have been drinking it is ok to tell the officer/trooper that you have had a responsible amount of alcohol (couple beers/drinks) because it is not illegal to drink alcohol and drive.  It is my suggestion that clients refuse to take the breath test because it is easy to reach the legal limit of .08 and the machine can often times be wrong or result in a false positive.

[Read more...]

Additional Information:

Over the weekend, my girlfriend was arrested by the Easton police for driving under the influence.  She had one glass of wine at dinner and is going to fight the case.  Will she or I have to testify at trial?

ATTORNEY ANSWER:

There is no requirement for you or your girlfriend to testify.  It is the government’s burden to prove her Guilty beyond a reasonable doubt.  Also, whether or not to testify will depend on what the testimony will consist of because we do not want to help the government convict her.  For a free consultation please feel free to give me a call at 617-851-7155.  Thank you and Good Luck.

[Read more...]

Additional Information:

Over the long holiday weekend, I was stopped in a DUI roadblock coming back from Cape Cod.  I had a few drinks much earlier in the day.  I was arrested for drunk driving.  What can I do now to fight it?

ATTORNEY ANSWER:

Typically, sobriety checkpoint or roadblock cases are easier to defend because there is no erratic driving behavior.  Additionally, as a result of recent court decisions many of the Roadblock cases are being dismissed because the State Police are not following their own regulations.  For a free consultation please feel free to give me a call, at 617-851-7155. [Read more...]

Additional Information:

The police had  me take a breath test which I actually passed, but they arrested me anyway.  Can they do that and now what should I do?

ATTORNEY ANSWER:

If the Breath test was between a .06 – .07, the police can still keep you in custody and charge you with an OUI.  For obvious reasons you have a strong OUI case to defend and beat.  Also, because the breath test was below a .08, the police should not have seized your license.  I’d be happy to consult with you on this matter. [Read more...]

Additional Information:

I was arrested for drunk driving in Newton MA.  If I take the DWI case to trial, isn’t it the cops word against mine?

ATTORNEY ANSWER:

It is not necessarily the cops word against yours because you do not have to testify or present evidence at all. Often times a good DWI attorney can create reasonable doubt based upon the officer’s testimony and police report. If there is any doubt, then a Not Guilty finding will be forthcoming. Good luck with your case.

[Read more...]

Additional Information:

I live in Worcester MA and was recently arrested for OUI.  If convicted will it affect my right to own a firearm or my right to carry?

ATTORNEY ANSWER:

Yes. Every applicant must pass a background check and an OUI may be a bar to obtaining a license to own/carry a firearm.

[Read more...]

Additional Information:

In Massachusetts, how would an DUI/DWI/OUI conviction affect me other then the criminal penalties and the license loss?

ATTORNEY ANSWER:

In Massachusetts, we have a lifetime lookback period. So any further issues with an OUI will result in an enhanced penalty. Further, there may be employment ramifications as far as current or future employment. Also, an OUI may have an impact on any firearms license should you have one or apply for a permit to carry.  Finally, entry into other countries may be restricted, notably Canada.

[Read more...]

Additional Information:

I am embarrassed by the situation.  Is my name going to be in the paper and is there anything I do about it?

ATTORNEY ANSWER:

Your name will usually end up in the local newspaper as they keep track of the police logs/arrests and court arraignments.  There is nothing that can be done as these records are not privileged.

[Read more...]

ATTORNEY ANSWER:

Usually the government will prove that you were drunk driving through your driving behavior, performance on the so called “field sobriety tests” and a breath test if you submitted to one.  Often times the driving behavior is minor and the performance on the field tests are decent when viewed by an unbiased person, like a juror.   Furthermore, often times the breath test may not be admitted be use of a failure to follow procedures.  If it is admitted, the breath test can usually be dealt with through an expert.

[Read more...]

Additional Information:

Can the police pull me over and then ask me questions about what I’ve had to drink before reading me my rights?  This happened to me and I was charged with DUI, now I’m wondering what I should do.  I’d appreciate any legal advice.

ATTORNEY ANSWER:

The police have the right to conduct a threshold inquiry of anyone suspected of drinking and driving. Since you were not in custody Miranda warnings are not required to be given.

[Read more...]

Additional Information:

Do I have to take a field sobriety or breathalyzer test if the police direct me to do so?   What happens if I decline taking the test?

ATTORNEY ANSWER:

There is no requirement for you to take the Field Sobriety tests and there is no penalty for declining to do so.   In fact, refusing to take the field sobriety tests is often times a prudent decision because you are then limiting the government’s ability to obtain evidence against you.  As far as the breath test, our OUI statute mandates that upon requests you must submit to a breath test, but you can decline to take a breath test but there will be a license suspension of 180 to Lifetime depending on how many prior offenses that you may have.

[Read more...]

Additional Information:

After I have been stopped for driving under the influence, can I consult with a lawyer before deciding which chemical test to take?

ATTORNEY ANSWER:

You do not have the right to consult with a lawyer before you decide to take the chemical test.  In fact, you do not decide which type of chemical test to take.  Our statute mandates that upon request you must submit to a breath test and the failure to do so will result in a license suspension of 180 to Lifetime.

[Read more...]

Additional Information:

I am 18 years old and was arrested for DUI.  I know I made a poor decision to drive but don’t want it to impact the rest of my life. Is there any way a lawyer could get it removed from my record?

ATTORNEY ANSWER:

There really is no mechanism to have it removed. There is a motion to seal that can be filed if you can demonstrate a compelling interest to seal your record.
[Read more...]

Additional Information:

I was arrested for DUI in a state other than my legal residence fourteen years ago. I paid the fine, and went to classes and the Judge said that satisfied everything.  It has never shown up on my state’s RMV, or insurance, or anything. In answering the question “have you ever been convicted of a DUI,” can I say “no”?

ATTORNEY ANSWER:

It depends on what state it was and their definition of conviction. For instance, Massachusetts provides for a disposition that is called a continuance without a finding or “CWOF”.  This is not a conviction so if asked this question you could answer “no.”  Additionally, since the offense was so long ago the records of the case may have been destroyed. Again it depends on the state and the rules that govern destruction of obsolete records.

[Read more...]

Additional Information:

My ex-wife got her THIRD DUI, and was allowed a hardship license. Her first two DUI were out of state. Isn’t there a national database for states to share DUI info? She barely lost her license and only spent a few hours in jail. She even got most of the fines waived. I want to tell the RMV before she kills someone. What can I do?

ATTORNEY ANSWER:

There is a national database but it only applies if you are suspended in another state.  You can always alert the Rmv and see what they do with the information.

[Read more...]

Additional Information:

I am waiting for a hearing on my DUI charge and am getting very nervous. My attorney says I will lose my license for a while but will not go to jail. Is she right? Are there set penalties in Massachusetts for first offense DUI?

ATTORNEY ANSWER:

The penalty for a first offense is usually as follows: probation for one-year, entry into an alcohol education program and a 45-90 day license loss.  You would be eligible for a 12 hour license for this suspension period.  Unless there was a serious accident with injuries or death, jail is not even a possibility in my assessment.
[Read more...]

Additional Information:

My daughter has a restricted license in MA due to a DUI that only allows her to drive from 7:00 a.m. to 7:00 p.m.   I have two questions. First, How can we change the hours to a different 12 hour period? And, second, what is likely to happen to her if she is pulled over driving outside of the designated hours?  Thank you.

ATTORNEY ANSWER:

As far as changing the hours you can go to a full service RMV office and change the hours. If she is caught operating outside her restriction she will most likely be charged criminally and the RMV can revoke her license for operating outside the restriction.

[Read more...]

ATTORNEY ANSWER:

Any person aggrieved by a decision from the RMV can file an appeal to the Board of Appeals.  There also should be a report supporting why they believe you present an immediate threat to the public.

[Read more...]

ADDITIONAL INFORMATION:

I was arrested for OUI and think I might lose my license. Does Massachusetts law allow me to continue to drive to work?  If so, how do I proceed?

ATTORNEY ANSWER:

If you have been charged with a First Offense OUI or a Second Offense OUI (Prior offense being outside of 10 years) then after a plea or a guilty finding you can apply for a Hardship license (12 hour license – 7 days a week) for work purposes.  You will need to meet certain requirements before you can apply, but if you meet these requirements the RMV will grant you a hardship license.  If this is a second offense as defined above, you will need to install an ignition interlock device on your vehicle.

[Read more...]

ATTORNEY ANSWER:

Yes, Under G.L. ch. 90, s. 24 (1)(g) if you have REFUSED the breath test you can within 15 days after your arrest have a hearing at the RMV in Boston to determine whether the suspension is valid.  If the appeal to the RMV is denied you can petition the District Court that you are charged in to review the RMV’s decision and they can reverse the suspension.   If you have FAILED (.08 or greater) there is no procedure to appeal your license suspension, but after the expiration of 30 days (if over 21) you can get your license back while the case is pending a trial for a fee of $500.00.

[Read more...]

ATTORNEY ANSWER:

The police department should have confiscated your Massachusetts Driver’s License. There are no longer temporary licenses issued. Your license is suspended immediately. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts.

[Read more...]

ATTORNEY ANSWER

First Offense – 180 Days; Second Offense – 3 years; Third offense – 5 years; Fourth offense – Lifetime.

Failure of Breath Test – 30 days.
There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts. Once your refusal failure suspension has expired, you are eligible to get your full license back for a reinstatement fee regardless of whether your case is still pending in court. If however, you decide to admit to the offense or go to trial and are found guilty while the refusal suspension is pending, you may be eligible for a hardship license on a first offense.

[Read more...]

ATTORNEY ANSWER:

Once you are arraigned, the offense will be part of your record for the rest of your life. However, if you fight and win your Drunk Driving case your record will clearly reflect a Not Guilty or Dismissal and will not be used against you in any further criminal proceedings.

[Read more...]

ATTORNEY ANSWER:

Contact us as soon as possible and prior to your Drunk Driving (OUI, DUI, DWI) arraignment, if possible.

If you are not represented at the arraignment, the court will enter a plea of not guilty on your behalf or you should indicate to the Court if asked that you want to enter a plea of not guilty. The Court will then give you a date to return to court for a pre-trial conference. You should request a date in approximately two weeks..

There are no temporary licenses issued anymore. If you refused the breath test, you have 15 days to appeal the suspension of your license, No matter what anyone tells you, it is possible to get your license back!

Do not do anything until you speak to an experienced Drunk Driving Lawyer. There are a lot of collateral consequences to admitting to a drunk driving and you need to know about them to make an informed decision.

WARNING: Massachusetts Drunk Driving Defense is a specialized area of the law. You need to speak to a lawyer who concentrates in fighting this type of case. Massachusetts law now considers drunk driving cases over your lifetime, this will affect you.

[Read more...]

ATTORNEY ANSWER:

A CWOF means a Continuance Without a Finding. A CWOF is not a conviction, but the court will continue the case for a period of time and at the end of that period the case will be dismissed. However, for purposes of a Drunk Driving (OUI, DUI, DWI) it is considered a first offense and another offense will constitute a second offense with heightened penalties.

[Read more...]

ATTORNEY ANSWER:

It is a driver alcohol education program wherein a person charged with a first offense OUI attends a class that usually meets one time a week and continues for a period of usually 16 weeks. The 24D program costs approximately $600.00.

[Read more...]

ATTORNEY ANSWER:

The case will usually take 4 months to One year before it will be finished. Remember, time is on your side with Drunk Driving (OUI, DUI, DWI) cases because memories fade and officers frequently forget important details about your arrest.

[Read more...]

ATTORNEY ANSWER:

No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government’s evidence.

[Read more...]

ATTORNEY ANSWER:

Lifetime – Massachusetts will now consider offenses that occurred during your life. There are no exceptions.

[Read more...]