Brockton OUI Attorney

You can be charged for “operating under the influence” or OUI in Massachusetts even if you’re safely pulled over with the engine running. You may simply be there to recover until you know it’s safe to drive again. You weren’t on the road, and you weren’t a danger to anyone, but you were still stamped with an OUI charge. “Operating” doesn’t mean you have to be driving to be committing a crime; it means that you were in “control” of the vehicle while “under the influence.” So if you’re in the driver’s seat and the car is idling, you’re “committing” an OUI.

Officers will pull you over (or investigate your parked car) for any reasonable cause. It may be as simple as a broken taillight. If this happens, be polite and limit what you tell him. Be aware of your rights, which includes the right to refuse a breathalyzer test (though this option comes with tough penalties). Even if you only had one or two drinks an hour earlier, you can fail the breathalyzer test.

If you refuse to take the breathalyzer test, you will lose your license for 180 days and your car will be impounded. In addition, the officer can still arrest you for an OUI if he sees good reason to do so. However, in Massachusetts, the jury is not allowed to know that you refused the test. This way there is less evidence against you, and the court will condemn you prematurely as “guilty” because you refused the test. Losing your license may is a better option than having an OUI charge, but refusing to take a breathalyzer test is no guarantee that you can slip out of an OUI charge without proper consultation.

Known as the “city of champions,” Brockton’s courtrooms are like a boxing match. The first thing you need to do after an OUI arrest is to call an attorney. You may feel defeated before you get to trail, but an experienced Criminal Defense Attorney can turn your OUI around and get you back into the ring.

“Dear Elliot, Thank you for taking care of my problem so quickly. I really appreciated it. Wish me luck!!”

K. R.

Copyright 2012 - 2013 Elliot Savitz. All rights reserved.