I was arrested for drunk driving OUI. What should I do?
Regardless of whether you were in an accident, regardless of the situation, it can feel like your goose is cooked. You can’t drive and many, if not most people think there’s no point in fighting it. If you’ve been stopped and charged with OUI, even if you think you have no chance of winning, don’t give up hope. Have someone knowledgeable look at your case before simply rolling over and entering a plea so that you can get back on the road. This article outlines a few things you can do to decrease the likelihood of having to go to court. If you are reading this thinking, it’s too late, I already got stopped, I did everything wrong, it’s hopeless, don’t forget, just because the police think you were drunk driving does not mean that you were. Cases with seemingly insurmountable evidence can and regularly do end up with verdicts of not guilty. Additionally it’s worth noting that the consequences for a first offense are nearly identical for those that enter a plea early and those that go to trial for a first offense.
In Massachusetts, nearly everyone drives. Whether it’s a car, truck or motorcycle, if you’re on the road, you are at risk for being stopped and accused of drunk driving. Rich or poor, black or white, if you’re operating a vehicle, you’re at risk and should be prepared. Like CPR, you hope you’ll never have to save someone, but it’s better to be prepared. If and when it happens, what you do and say greatly affects your ability to avoid being convicted. In Massachusetts the crime is called OUI. OUI stands for Operating under the Influence. This also covers drugged driving, also an OUI.
Throughout Massachusetts local and state police stop vehicles in an effort to find and charge those they believe to be “operating under the influence”. Just getting into your car increases your chances of interacting with a police officer. There is no law that prevents the police from simply running your license plate number. From this, they can tell instantly who the car is registered to. If you have a prior conviction or even a prior accusation for drunk driving the police will see that. If you’re on probation or if your license is suspended they can see that as well. In some small towns the police may already know you and simply not like you, putting you at risk every time you get behind the wheel.
How can I avoid being stopped?
First, don’t drink and drive. It probably need not be mentioned but I will anyway. The same goes for speeding, rolling through stop signs, any “moving violation” you can think of. Swerving is one of the most common things that leads to a stop and OUI charge. What other ways can you decrease the likelihood of being stopped? Make sure everything is up to date and in working order. An expired inspection sticker or registration almost guarantees you’ll be stopped. Check your headlights, tail lights, brake lights and turn signals. Does your car smoke? Do you have a loud exhaust? Are your windows maybe just a little over tinted? They just need a reason to stop you. Don’t give it to them.
What if I get stopped?
Always be polite. Remember, everything you say and do will be added to the officer’s report. If you’re suspected of operating under the influence, you will be asked to perform tests and to take tests.
Should I take the tests?
The decision of whether to take these or not is entirely yours. If you politely refuse any roadside tests, you’ll be asked to take a breath or blood test. If you politely refuse the breath you will be charged with an OUI. You will also lose your license for 180 days. That’s the law. It was in the fine print when you signed on to get your license in Massachusetts long ago. You’ll have to go to court to answer on the charge of OUI. That’s the bad news. The good news is that the evidence against you will consist solely of the officer’s observations. How were you driving before the stop and how did you appear/act when he or she spoke with you? That’s it.
If you decide to perform any roadside tests, also called “field sobriety tests”, keep in mind the person administering them, the one who already thinks you are impaired, is the person taking notes, grading your performance. If you decide to take a breath test, keep in mind, the machine’s results will be added to the report. The easiest way for you to make it very difficult for your defense attorney to win your case is simply to fail a breath test. It is difficult, not impossible, but extremely difficult to convince a jury that a calibrated computer was wrong. That’s the bad news. The benefit of taking the test is a significantly shorter license loss. But remember, even if you are able to successfully reinstate your license, it will be revoked, again, after a guilty verdict or plea.