Friday, March 28, 2014

Massachusetts OUI Law Cambridge Attorneys Intoxicating Liquor

Massachusetts OUI Law

Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts.  As such, you could face license suspension, steep fines, and even jail.  In Massachusetts operating under the influence (OUI), also known as driving under the influence (DUI), results in mandatory driver’s license suspension.

Below is a sample case of OUI in Massachusetts as interpreted by a lawyer in our firm.

Have you been charged with OUI in Massachusetts and you are wondering what the penalty is in MA? 

Are you concerned about the consequences of being charged with OUI in Massachusetts?

For a lot of our clients, a charge of OUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.

If you have been charged with a criminal offense of OUI in Massachusetts and you are wondering what the penalty is in MA, contact our law firm for help. 

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. The lawyers in our law firm have the necessary experience to assist you with this matter.

Waters v. Commonwealth
Facts:

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI). The Cambridge Division of the District Court Department (Massachusetts) ruled that as a breathalyzer test was given more than one hour after defendant last drove, the Commonwealth had to introduce expert testimony on retrograde extrapolation as a prerequisite to the admission of the test results. The Commonwealth appealed.

If you are facing a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Massachusetts Court made the following holding:

  • A breathalyzer test result in the range of .08 or greater, acquired within a reasonable time after operation, is as relevant to a jury's determination whether the defendant was operating a motor vehicle with a .08 blood alcohol level in violation of the law, as a similar result was previously relevant to a jury's determination whether the defendant was operating a motor vehicle with a blood alcohol level of .08 or greater, on which they could have permissibly inferred that he was operating while under the influence of intoxicating liquor in violation of the law. Prior holdings that a time delay between the operation of a motor vehicle and the administration of the test goes to the weight the jury might afford the test results and not on their admissibility, are similarly applicable. Expert testimony on retrograde extrapolation is not a prerequisite to the admissibility of breathalyzer results in prosecutions for operating a motor vehicle while under the influence of intoxicating liquor.
An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. The lawyers in our law firm have the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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Mr. Gilmore earned his law degree at Boston University School of Law, one of the top law schools in the country. He obtained his undergraduate degree at Assumption College with a double major in Political Science and Philosophy. Prior to attending law school, he was a Bodily Injury Claims Adjuster with a large national insurer. Mr. Gilmore’s previous legal experience includes the Cape and Islands District Attorney’s Office and the Committee for Public Counsel Services-Trial Division. More about Gilmore

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