What is an arraignment? An arraignment is usually how a criminal case commences against you. There are exceptions to this general rule, which I shall talk about later. At an arraignment, typically a plea of NOT GUILTY is entered against you and a Pre-Trial Conference date set. Arraignments can be…
If you were convicted of drunk driving in Massachusetts, you may qualify for a second chance. The Massachusetts Supreme Judicial Court (SJC) ruled in April that due to problems with certain breath test machines — and the state’s handling of the issue — around 27,000 people can request to withdraw…
The Office of Alcohol Testing (OAT) has now been involved in a scandal for several years for its inadequate testing and withholding of breathalyzer certifications relating to the Alcotest 9510 device. The Alcotest 9510 has been under scrutiny since 2017 when Draeger Safety Diagnostics, the manufacturer of the breathalyzers, called…
In MA, a second offense for operating under the influence (OUI), also known as drunk driving, has serious consequences that can impact you and your family. As explained below, these penalties include substantial fines, loss of license, and even time behind bars. If you have been charged with a second…
Getting charged with OUI is bad enough…don’t make it worse by making any of the serious mistakes below. From excessively high blood alcohol content (BAC) to driving drunk with children in the car, there are many aggravating factors that can turn your OUI from a bad mistake to extended time…
It is illegal in all 50 states to purchase, and even to possess, alcohol if you are under the age of 21. And although it is illegal for anyone to drive under the influence of alcohol, individuals under age 21 are prohibited from driving with even the slightest trace of…
In Massachusetts, if you are stopped by police on suspicion of operating under the influence (OUI), there’s a good chance that you will be asked to submit to a breath test. This test measures the concentration of alcohol in your blood, also known as your BAC. You can refuse to…
Driving while drunk or under the influence of drugs is a criminal offense with serious penalties in MA. But if you are arrested for OUI with a child in the car, those penalties are likely to be significantly harsher. You may even face additional charges. Case in point – a…
In MA – and all states – a blood alcohol content (BAC) of .08 percent or higher will likely result in an OUI or DWI conviction. If you happen to be under 21 at the time of your arrest, you can be convicted if your BAC is .01 percent. And…
In MA, any driver who has been granted a hardship license or is eligible for license reinstatement after an OUI is required to have an ignition interlock device (IID) installed in their vehicle. An IID is connected to your car’s ignition. To start the engine, you must first blow into…