Many people in Massachusetts fail to recognize that driving under the influence of drugs or drugged driving is just as bad as driving under the influence of alcohol, and both are illegal. Drugged driving is rapidly becoming a more frequent occurrence that driving under the influence of alcohol. According to a recent article by Fox25 News, there has been a 42% uptick in drugged driving over the past five years, compared to a 26% uptick in drunk driving cases over the same time period, based on data collected by the Massachusetts Department of Transportation.
When Massachusetts law enforcement officers suspect that you are driving under the influence, they are permitted to request you to submit to chemical testing under M.G.L. Chapter 90, Section 24. The chemical testing could include a breathalyzer test, urine test, or a blood test. Blood sample tests are one of the most accurate forms of testing that can be conducted to determine a person’s blood alcohol concentration at a given time.
When many people think about drunk driving accidents, they first think of a drunk drivers crashing into someone else on the road. When people think about vehicular manslaughter, they usually think about pedestrians or bicyclists that have been hit by a car, or a drunk driver hitting victims in another vehicle. But there are often victims in the vehicle along with the drunk driver who suffer injuries and are sometimes even killed as a result of an accident. This means that a drunk driver could be charged with vehicular manslaughter in addition to drunk driving charges if they accidentally kill a passenger in their own vehicle in an accident. Continue reading
When a driver is pulled over or stopped by law enforcement and asked to submit to a breathalyzer test, the driver has a right to refuse a breathalyzer test. Many drivers do not refuse to submit to a breathalyzer test either because they do not know that they can refuse, they are scared of the consequences, or they are too intoxicated at the time to exercise good judgement. The problem with submitting to the test is that under Massachusetts law, if a driver suspected of driving under the influence blows a blood alcohol content higher than 0.08, the driver is considered per se intoxicated and can be convicted of DUI on the breathalyzer results alone. Law enforcement do not advise suspected drunk drivers of the consequences of failing a breathalyzer test. Continue reading
Every so often on the news there will be a report about a person beating drunk driving charges due to unusual medical conditions. One such condition is known as auto-brewery syndrome, where the gut holds an unusual amount of yeast, which can cause the gut to act like a fermentor. A woman in New England recently used a diagnosis of this rare medical condition as a defense to DUI charges according to an article in the ABA Journal. Continue reading
A consolidated case is being heard in Concord, the Milford Daily News reports, that will determine whether the use of breathalyzer testing devices to gather proof that a driver was operating a vehicle under the influence (OUI) of alcohol is scientifically sound. The reliability of the chemical breath testing devices is in question, which has prompted the courts to put a hold on hundreds of pending OUI cases across the state until the matter of whether these testing devices produced reliable evidence of a DUI. Continue reading
A DUI is not something you are charged with everyday. In fact, many people who get a DUI are first-time offenders who really have no idea what the cost of a DUI conviction is. Not only are there long-lasting repercussions to your reputation, future job prospects, and your ability to drive, but the financial consequences of a DUI add up to a lot of money. Below are some of the costs that are associated with a DUI. Continue reading
Many people do not think that driving while under the influence of drugs is a crime akin to drunk driving, but driving while intoxicated by drugs, such as marijuana or prescription medications, is driving under the influence, nonetheless. The National Highway Traffic Safety Administration recently released a report noting that while the number of drivers that are driving under the influence of alcohol is gradually decreasing compared to years past, the number of drivers that are driving while under the influence of drugs is on the rise. Continue reading
Under Massachusetts law, a “distracted driving” charge is a serious offense than can bring severe fines, penalties, and even result in a charge of manslaughter if the accident resulted in injury or death. For this reason, it is crucial to understand the state’s definition of “distracted driving” and the potential repercussions if you are charged with the offense. Continue reading
A DUI conviction carries with it serious consequences and hefty fines. That is why it is so important for you to present your strongest possible defense to the charges against you.There are a number of different DUI trial strategies that your criminal attorney can use to help fight your charges. Powerful evidence that indicates your innocence can move a judge or jury to decide in your favor. Some of the most influential evidence takes the form of witness, or expert witness, testimony. Furthermore, a lack of evidence could be a grounds for your attorney to make a motion to dismiss the charges against you. The point is, there are a number of avenues that your experienced DUI criminal defense lawyer can explore to make your DUI charges go away. Continue reading