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.

Tewksbury DWI Defense Lawyer, James Milligan represents clients charged with OUI in Tewksbury, Massachusetts and throughout Middlesex county including the communities of: Dracut, Andover, North Reading, Willimgton, Billerica, Chelmsford, and North Lowell.

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.

Acton OUI Defense Attorney, James Milligan represents clients charged with OUI in Acton, Massachusetts and throughout Middlesex county including the communities of: Westford, Carlisle, Concord, Maynard, Stowe, Boxborough, Harvard and Littleton.

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.

Shrewbury DUI / OUI Defense Lawyer, James Milligan represents clients charged with DUI DWI OUI in Shrewsbury Massachusetts and throughout Worcester county including the communities of: Worcester,  Holden, Boylston, West Boylston, Berlin, Marlborough, Southborough, Westborough, Grafton, and Edgemere. 

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.

Wellesley DUI / OUI Defense Attorney, James Milligan represents clients charged with DUI DWI OUI in Wellesley Massachusetts and in the surrounding Norfolk communities including including the cities and towns of:  Wayland, Weston, Newton, Needham, Natick and Framingham.

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 

Framingham Board Certified OUI  Lawyer, James Milligan represents clients charged with DUI DWI OUI in Framingham Massachusetts and throughout Middlesex county including the cities and towns of:  Acton, Arlington, Ashby, Ashland, Ayer, Devens, Bedford, Belmont, Billerica, North Billerica,  oxborough, Burlington, Cambridge, Carlisle, Chelmsford, Concord, Dracut, Dunstable, Everett, Groton, Holliston, Hopkinton, Hudson, Lexington, Lincoln, Littleton, Lowell, Malden, Marlborough, Maynard, Medford, Melrose, Natick, Newton, North Reading,  Pepperell, Reading, Sherborn, Shirley, Somerville, Stoneham, Stow, Sudbury, Tewksbury, Townsend, Tyngsborough, Wakefield, Waltham, Watertown, Wayland, Westford, Weston, Wilmington, Winchester and Woburn.

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 

Woburn Board Certified Drunk Driving Attorney, James Milligan represents clients charged with DUI DWI OUI in Woburn Massachusetts and throughout Middlesex county including the cities and towns of:  Acton, Arlington, Ashby, Ashland, Ayer, Devens, Bedford, Belmont, Billerica, North Billerica,  oxborough, Burlington, Cambridge, Carlisle, Chelmsford, Concord, Dracut, Dunstable, Everett, Framingham, Groton, Holliston, Hopkinton, Hudson, Lexington, Lincoln, Littleton, Lowell, Malden, Marlborough, Maynard, Medford, Melrose, Natick, Newton, North Reading,  Pepperell, Reading, Sherborn, Shirley, Somerville, Stoneham, Stow, Sudbury, Tewksbury, Townsend, Tyngsborough, Wakefield, Waltham, Watertown, Wayland, Westford, Weston, Wilmington, and Winchester.

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

Massachusetts Drunk Driving Lawyer, James Milligan represents clients charged with DUI DWI OUI in Boston and throughout Massachusetts and Barnstable, Bristol, Essex, Middlesex, Norfolk, Plymouth, Suffolk and Worcester Counties.

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.  

Massachusetts Drunk Driving Attorney, James Milligan represents clients charged with DUI DWI OUI in Boston and throughout Massachusetts and Barnstable, Bristol, Essex, Middlesex, Norfolk, Plymouth, Suffolk and Worcester Counties.

“Jay was great, he kept me informed during my entire case. He charged me a flat rate up front which is great because you don’t have to worry about how much you will be billed in the end. The best part of all is I was found not guilty. If you are charged with OUI, Jay is hands down the best guy in Mass to represent you.”

Jake – Quincy DUI Client

“Not only is Attorney Milligan highly knowledgeable in his specific field of Massachusetts Drunk Driving Law, he also provides a comforting guide through difficult times, by always interacting in the most professional and supportive manner possible. At the end of the day you should hire him because he will most likely represent your best chance at mitigating the penalties involved in these situations, but if you do, you will so appreciate the way in which you are treated, represented and supported.

I had some very dire circumstances facing me, lifetime loss of license, potential jail time, the ramifications of which were staggering, literally. I drove to work today, picked up my daughter and took her for ice cream. Without the hard work, skill and experience James used on my behalf, that would never been possible.”

Massachusetts DUI Client