Frequently Asked Questions

• What do police officers look for to determine if someone is operating under the influence?  

There are numerous signs and signals that indicate a driver may be operating under the influence.  Some common signs that indicate drunk driving include making wide turns, hovering over two lanes, almost hitting an object or another vehicle, weaving in and out of lanes, swerving, drifting, following another car too closely, stopping abruptly, driving too slowly, driving without headlights, accelerating rapidly, and more.

Furthermore, there are many physical characteristic an officer can look for as well, such as flushed cheeks, blood shot or glassy eyes, slurred speech, alcohol on the breath, disheveled appearance, speaking loudly, stumbling, etc.

• What should I say to an officer who asks if I’ve been drinking?

Under Massachusetts law, you are not required to answer any questions.  If the police ask you a question, it is within your legal right to politely say, “I don’t wish to answer any questions until I’ve spoken with my attorney.”   Anything you say can be used against you in court.  That’s why it’s best to refrain from saying anything until you have spoken with an experienced Boston OUI attorney.

• Do I have to submit to breath or blood test?

All drivers in Massachusetts are required to submit to either a breath or blood test at the request of an officer.  While the consequences vary from state to state, refusing a breath or blood test is likely going to result in the suspension of your driver’s license.  Therefore, it’s important to weight the consequences of refusing a test with whether or not you feel you would produce a high blood alcohol concentration reading.

• What are the penalties for OUI in Boston?

The penalties for OUI include up to six months in county jail, $1,000 in fines plus penalty assessments, six month driver’s license suspension, and vehicle impoundment for 30 days.  However, depending on the circumstances of your case, these penalties may be enhanced.  Refusing a chemical test, having prior OUI convictions on your record, and causing an OUI accident are the main reasons for a penalty enhancement. 

• Will I lose my driver’s license?

If you are found guilty of OUI, you will likely lose your license.  However, the extent to which your license is suspended will depend on the facts surrounding your case.  For example, a first time OUI offender’s license will only be suspended for a few months, whereas a habitual offender can lose their license for a year or more.

 Contact Boston OUI Lawyer Thomas A. Brant at (617) 720-4056 for experienced OUI defense representation!