Roxbury District Court: OUI: Not Guilty

Summary of Facts: Our client was found passed out behind the wheel of a car on a street in Boston. After officers responded to a call for a domestic disturbance, they heard musing blaring from his vehicle. Upon approaching the vehicle officers noticed that the car was running and there was a man slumped over in the driver's seat. Officers tried to wake the man but were unable to for 6 to 8 minutes. After they finally woke him officers said they detected a strong odor of alcohol and found numerous beer cans strewn…Read more

Medical Marijuana and Drugged Driving in Massachusetts

Voters in Massachusetts voted in November 2012 to legalize the use of marijuana for medical purposes, but lawmakers are still working out the details of how to incorporate the reform into the state's existing regulatory structure. One issue that is likely to grow increasingly relevant for medical marijuana users in Massachusetts is the issue of drugged driving and how such charges are prosecuted in the Commonwealth. Massachusetts drugged driving law Massachusetts law provides that a driver can be charged with OUI for operating a motor vehicle while under the influence of drugs, including…Read more

Warrant Required for Forced DUI Blood Draw, Supreme Court Rules

The U.S. Supreme Court issued a ruling recently that reinforces the rights of people stopped by police on suspicion of driving under the influence of alcohol. On April 17, 2013, the Court ruled that police officers should have obtained a warrant before having blood forcibly drawn from a man suspected of DUI after he refused to give his consent to BAC test. This issue has been the topic of widespread debate throughout the country in recent years. Some law enforcement agencies have argued that warrants should not be required due to the time-sensitive…Read more

Boston: Negligent Operation of a Motor Vehicle: Dismissed (prior to Arraignment)

Summary of Facts: Our client was allegedly observed driving twice the speed limit on a major thoroughfare in Boston. The police pulled our client over and claimed to smell alcohol on our client's breath. Our client admitted to the trooper that he had been drinking earlier in the evening. The trooper ordered our client to perform field sobriety tests and our client complied and passed two out of three. Our client was cited for multiple traffic violations and criminally charged with negligent operation of a motor vehicle. Action: Attorney Coughlin continued our client's…Read more

Springfield: DWI/DUI/OUI: Motion to Suppress Allowed and Case Dismissed

Summary of Facts: Our client (a physician) was stopped on his way home from a holiday party. His daughter and a friend were in the car with him when they came upon a sobriety checkpoint (a.k.a. DUI roadblock). Our client rolled down his window and had some conversation with the initial trooper (the "screener"). Based on an alleged odor of alcohol our client was directed to drive his car into the evaluation area (the "pit"). In the pit our client was ordered out of his car and made to take field sobriety tests. After…Read more

Dorchester: DUI/DWI/OUI: Motion to Suppress Allowed and Case Dismissed

Summary of Facts: While driving to drop her friend off late one night on the campus of UMass-Boston, our client was stopped by the UMass-Boston police. The police approached our client's car and began to question our client. The officers claimed that our client exhibited the usual signs of intoxication: strong odor of alcohol and glassy red eyes. The police ordered our client out of the car, forced her to do field sobriety tests, and then arrested her. The officers asserted our client was combative and uncooperative. Action: Detecting the unlawful nature of…Read more

Lower Alcohol Limit for Massachusetts OUI: Probably Not Anytime Soon

Each state has the authority to write and enforce its own criminal laws; however, this does not mean that the Federal government cannot make recommendations and push states to make changes. In May, the National Transportation Safety Board recommended that states should lower the legal blood-alcohol limit from .08 to .05. A change in Massachusetts DUI/OUI law would require state action and the issue is not currently on the Massachusetts legislature's agenda. State senators and local law enforcement have stated that the idea needs further review. Any change will take time, if the…Read more

Man Charged for Drunk Driving After Reporting an Accident

It is rare that a person is punished for doing the right thing. However, recently, a Massachusetts man, who believed he was doing just that, was slapped with criminal charges shortly after reporting an accident. According to authorities, the 21-year-old man walked into a Massachusetts police station early one morning to report an accident in which he was involved. Local officers spoke to the individual, and they subsequently detected the smell of alcohol on the motorist's breath. Police initiated a field sobriety test, and a breath test suggested that the man was not…Read more

Boston: DUI/OUI: Motion to Suppress Allowed

Summary of Facts: Our client was a mid-twenties professional that worked in Boston for a tech startup. He was stopped one weekend night for driving the wrong way down a one way street. The Boston Police officer that stopped our client claimed he detected a strong odor of alcohol and observed other signs of alcohol use and impairment. He order our client to exit his vehicle and eventually placed him under arrested for operating under the influence of alcohol (OUI/DUI). At the police station the client was administered a breathalyzer test and the…Read more