Could I have a warrant for my arrest now?

Additional Information: I currently live in Wellesley Mass but have an unpaid probation fine from 14 years ago for a DUI out of state.  Could I have a warrant for my arrest now? ATTORNEY ANSWER: It is entirely possible that you have a warrant for your arrest.  You can go to MassDot.gov and request a copy of your driving history from the RMV and see if that indicates a Warrant out for your arrest as the Courts will typically report such warrants to the RMV to suspend your license.  Should you need help to resolve this issue please contact Attorney
Read More

What evidence is required in MA to arrest someone for drunk driving?

ATTORNEY ANSWER: The Officer/Trooper merely needs to establish probable cause, a subjective reason, to believe that someone is operating under the influence of alcohol.  Since the standard is subjective it is a very easy standard to meet as far as the decision to arrest or charge an individual with Operating Under the Influence of Alcohol or Drugs.  Should you require a consultation from a Board Certified OUI lawyer please feel free to contact Attorney Milligan at 617-851-7155.  
Read More

Charged with DUI OUI by Norwell MA Police

Additional Information: I was arrested for DUI in Norwell, MA last weekend.  In addition to 9 step and turn field sobriety test, the officer held a penlight in front of me and asked me to follow it.  Hasn’t that been unadmissable in MA for years?  If so, do I have a good case to defend? ATTORNEY ANSWER: The Horizontal Gaze Nystagmus test is routinely excluded in Massachusetts Courts as the officers/troopers are not qualified experts to interpret the results of the test.  So based upon the exclusion of one of the two field tests you were given, I would say
Read More

How effective are field sobriety tests?

Additional Information: I admitted to having a few beers after work and was recently arrested for OUI in North Andover.   I think I will be able to hire a drunk driving defense attorney, but one of the things I was curious about is, can they ask someone with a disability to hold their leg off the ground 6 inches for 30 seconds?  I’m not actually sure if it is considered a disability, but I had hip replacement surgery and have some restricted mobility and wondered if that is a good defense? Attorney Answer: The Police can and usually will ask
Read More

Arrested for OUI after misstep in gravel during field sobriety test.

Additional Information: I had been out at a Newton bar for a girls night out and was driving home when I got pulled over. I admitted I had a few drinks, 4 in as many hours. I tripped in my heels on some gravel doing the field sobriety test and was then arrested for OUI.  Do I have a case to fight? ATTORNEY ANSWER: It sounds like you would have a good case to defend. You have witnesses to corroborate your account and the tests should not be done in heels anyways according to their training. For a free consultation
Read More

Was just exhausted when I got arrrested for OUI.

Additional Information: I was driving South on 128 towards my home in Dedham at 10 PM and while trying to light a cigarette, dropped the lighter, and when trying to catch it, the car swerved. I pulled the car back straight and saw police lights in my rearview mirror. I had worked a double shift, was exhausted and didn’t do perfectly on the field sobriety test and got arrested for OUI.  Can I really be charged with DUI with no breath or blood test? What should I do? ATTORNEY ANSWER: It sounds like you have a great case to fight
Read More

Couldn’t say alphabet backwards and arrested for DUI.

Additional Information: Was coming home from happy hour last week from a pub in Brookline and was pulled over by the police for erratic driving.  The police officer asked me to do a field sobriety test and part of it was to say the alphabet backwards.  Who can say the alphabet backwards??  I was arrested for DUI.  Is that really part of how they determine DUI/OUI in Mass?  What are my options? ATTORNEY ANSWER: Your options are either to fight or accept responsibility for the offense.  Saying the alphabet backwards is not part of the protocol so if that is
Read More

Arrested for DWI. Failed field sobriety test in high heels.

Additional Information: I was arrested for DWI last weekend in Somerville. I took a breath test and blew over MA legal limit.  The police officer asked me to stand on one leg for 30 seconds but I was wearing high heels and the ground definitely was not level.  Even though my breath test was over the limit, is my case defendable? ATTORNEY ANSWER: It depends on what the breath test reading was and whether it was done correctly. If the breath test is excluded then it seems that you would have a great case to defend. For a free consultation
Read More

I am fighting a DUI charge. Am I eligible to get my license reinstated?

Additional Information: I am currently in the midst of fighting a DUI charge (with council). I DID blow over the limit. First offense in Massachusetts with no other violations. I am over 21. It’s already been over 90 days. At DMV hearing to reinstate my license, exactly what do I need to bring with me?  This could take months, and I would rather reinstate it rather than suffer the consequences if I got caught driving while still under suspension. In other words, do I need many forms of ID, and can you tell me how much this should cost (estimate?) 
Read More

I was assaulted then arrested for DWI.

Additional Information: A few days ago, I was arrested for DWI. I was at a party in Duxbury where my friend, the home owner, served me a few drinks. He himself was very intoxicated and became angry and assaulted me as well as my car.  He started choking me and kicking my car.  Someone in the house called the police and told them that I was the person causing the trouble (which I was not). The police arrived withing minutes of me leaving the driveway, pulled me over and arrested ME! I told them I had just been assaulted, and
Read More

I was arrested for DUI after I admitted to having a prior arrest for drug possession.

Additional Information: After leaving a restaurant, I made a right turn on red where I shouldn’t have. I didn’t even see the “no turn on red” sign.  I had two glasses of wine with dinner, and a beer before we were seated.  Anyway, I got pulled over by the Worcester police and did field sobriety tests, which I think I performed OK but when asked if I had been arrested before, I admitted that I had been previously arrested for drug possession and the officer pretty much arrested me right away after I said that.  Do I have a case
Read More

I have a warrant for my arrest from a DUI from almost 2 years ago.

Additional Information: I have a warrant for my arrest due to an unpaid court fine for a DUI from almost 2 years ago in NJ.  I now live in Fitchburg, MA and want to get this behind me. What should I do? ATTORNEY ANSWER: You should contact a Lawyer in NJ to clear the warrant. Please be careful because any warrant in another state may result in the suspension of your license here in Mass.  Also, if you are found guilty there may be additional license ramifications in Mass as well. If you would like a free consultation please get
Read More

Pulled over because I realized I had too much to drink but still got arrested for DUI.

Additional Information: I went out for drinks in Duxbury with a buddy last weekend.  I left the bar to head home when I decided I had too much to drink, so I pulled over into a parking lot.   I couldn’t get in touch with anyone to give me a ride home, so I sat and fell asleep. I awoke to a police office rapping on the window, he smells alcohol and ends up arresting me for DUI.  Can he do that as I wasn’t even driving? ATTORNEY ANSWER: As long as the vehicle was running, the law considers that to
Read More

I vomited right before I was arrested for DUI, but I wasn’t drinking. What do I do now?

Additional Information: I was arrested for DUI last week in Norwood.  It was about 3 PM, I had left work early as I wasn’t feeling well.  After getting out of the car, I vomited on the side of the road and then a few minutes later took a breathalyzer test.  The officer claimed I stuck my fingers down my throat, which I did not and if the stop was videotaped it would disprove that.  What do I do now? ATTORNEY ANSWER: I am not too sure if Norwood videotapes their roadside encounters.  But it would seem to me that you
Read More

Friend was arrested for OUI. Would an albuterol inhaler affect accuracy of a breath test?

Additional Information: Last week, my buddy was stopped by police in Wayland for having only one headlight on his car.  He was then arrested for OUI on the result of a breath test.  He has asthma and takes an albuterol inhaler.  Would this affect the accuracy of the breath test?  Also, another friend and I can testify that he only had a few beers the whole night out.  Does this sound like a strong OUI case to fight?  ATTORNEY ANSWER: The albuterol inhaler may affect the results of the breath test depending on when it was last used.  The breath
Read More

If I was sick at the time of doing a breath test, would that affect the results?

Additional Information: I was arrested for DUI/OUI on a side street in Weston on a Friday afternoon. I got sick that evening with some kind of stomach bug.  My wife who bailed me out of jail can testify to that.  Our whole family got the sick right after me.  If I had a fever at the time of the breath test would that affect the results?   What’s my best defense? ATTORNEY ANSWER: The stomach bug may affect the breath test as vapors from your stomach may affect the results only if you have consumed some amount of alcohol.  As far
Read More

I was arrested for DWI after my car went into a ditch on the side of the road.

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
Read More

Does having bronchitis affect the accuracy of an alcohol breath test?

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
Read More

Can the police legally pull me over for DUI if someone wanted to get me in trouble?

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
Read More

I made a mistake while driving and was then arrested for DUI.

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
Read More

I wasn’t convicted in Framingham court but still have an outstanding OUI charge.

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
Read More

I received a citation to appear in Woburn court for an OUI.

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,
Read More

Generally what are the guidelines for someone to be considered drunk driving?

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
Read More

Can a state trooper or police officer force someone to take a blood alcohol test?

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
Read More

If stopped by the police, what should I know about taking a blood alcohol test?

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
Read More