Yesterday, we began discussing the case of Florian Roshi, 34 from Weymouth and hereinafter the “Defendant”. We covered how he got into alittle trouble with the criminal laws about children and OUI. As described in the Boston herald, he is alleged to have, with a young child in the car,…
Drunk drivers beware! Those who feel they can “get by” driving after drinking alcohol should take a tip from some of the new advertisements put out by the Commonwealth. As the holiday season fades into our rearview mirrors, we return to streets of ice, roads of varying repair and some…
If you are at least 21, a blood alcohol concentration (BAC) of .08 percent or higher can result in an OUI arrest in MA. The limit for under-age individuals is .02 percent (basically, zero tolerance). Licensed commercial drivers (CDL holders) have a limit of .04 percent. If police suspect that…
If you get arrested on suspicion of OUI in Massachusetts, the law requires that you submit to a breath or blood test. This “implied consent” law states that if an officer arrests you for OUI – with probable cause – you must consent to a blood or breath test to…
The holidays are notoriously one of the worst times of year for drunk driving. From just before Thanksgiving to just after New Year’s Day, people attend more alcohol-laden parties than at any other time of year. We eat more, drink more, and are generally more merry. This is all good…
If you are stopped on suspicion of drunk driving, you are guaranteed certain constitutional rights. For starters, you have the right to remain silent if you are placed under arrest. Police will generally inform you of this right by reading the “Miranda warning” at the time of your arrest. But…
A former Michigan prosecutor recently injured a man in a drunk driving accident. Having prosecuted many drunk drivers, Joshua Kuiper should have known better. He was charged with felony reckless driving after he crashed into Daniel Empson, who was retrieving something from a parked car. Kuiper was driving the wrong…
In MA, as in all states, operating a motor vehicle while intoxicated is illegal. When it comes to land vehicles, passengers are also prohibited from consuming alcohol while in the vehicle. But what about boats? Can boat passengers imbibe? The answer is yes. Passengers can drink alcohol on a boat,…
In short, yes. In MA, a blood alcohol concentration (BAC) of 0.08 percent or higher is above the legal limit. However, there are certain circumstances under which you can be charged with OUI with a lesser BAC. Some of these scenarios are listed below. Zero Tolerance Laws In Massachusetts –…
It’s common knowledge that hand-held electronics, such as smart phones, pose a serious distraction when we’re behind the wheel. But is that distraction as dangerous as intoxication? Can technology actually affect our sobriety? A new Washington law aims to treat cell phone use while driving in much the same way…