Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

What Not to Do if You Get Stopped for OUI in Massachusetts

When a police officer stops your vehicle on suspicion of OUI, he or she will likely initiate a series of tests to determine if the suspicion is accurate. The officer will observe your eyes, your speech, and your overall demeanor. He or she will ask questions, such as have you had anything to drink.” If the officer believes there is probable cause, you will likely be asked to step out of the vehicle to perform a field sobriety test. You may also be asked to submit to a breath or blood test. These tests are performed to gather evidence, and any information obtained will be used against you in an OUI case. As such, it’s important to know your rights if you are ever stopped after having a few drinks.

 

  • Ask for a lawyer. There is very little information that you are required to give to police during an OUI stop. You must provide basic identifying information, such as your name and address, driver’s license and registration. But even a question such as have you had anything to drink tonight doesn’t require a response. Your best bet is to remain calm and courteous, and to politely ask to speak to your lawyer before answering any questions. A skilled Boston OUI defense attorney can help you determine how to proceed if you’ve been pulled over on suspicion of OUI.

 

  • Do not submit to the field sobriety test. Ok, before we move forward it’s important to note the following – you do have to get out of the vehicle if the officer asks you to do so. You do not, however, have to answer the officer’s questions or perform a field sobriety test. If asked to get out of your vehicle, do so politely, and then inform the officer that you do not wish to perform the field sobriety test, and that you would like to speak to your lawyer immediately. Field sobriety tests are designed to produce failures. People who are completely sober frequently fail these tests. Without the evidence of a failed field sobriety test, proving that you’re guilty becomes quite the hurdle.

 

Are there Consequences of Refusing a Field Sobriety test?

Well, refusal of a field sobriety test doesn’t carry the official consequences of refusing a breath test (we’ll talk about those shortly), but refusing a field sobriety test is a relatively surefire way of getting arrested. The same could be said for submitting to the test, however. In many ways, you’re damned if you do, damned if you don’t…but for one major exception; a failed field sobriety test may lead you to jail and – most likely – a conviction. A refused test may lead you to jail, but you’ll have a significantly better chance of having your OUI charge dismissed without that evidence to substantiate the charge.

Can I Refuse the Breathalyzer?

Breath and blood tests are an entirely different story. In MA, refusing a breath test carries an automatic 180-day license suspension. That being said, it may still be in your best interest to refuse the breath test. There is no one-size-fits-all answer to this problem. Your best course of action is to contact an experienced MA OUI defense attorney immediately if you find yourself in this situation.

Altman & Altman, LLP – Boston’s Premier OUI Defense Law Firm

If you have been charged with OUI, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of accident and injury victims for more than 50 years, and we have an impressive track record of getting clients’ charges dismissed. We will analyze the details of your case to determine the best strategy for moving forward, and our team will be by your side throughout the entire process. If you’re facing OUI charges, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.

 

 

 

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