OUI Marijuana Charges

Marijuana Plant - Drug Crimes Defense Attorneys

One of the most important parts of the recent court decision deals with the new instructions the court will need to give a jury on an OUI Marijuana case. The court must instruct jurors that field sobriety tests are not scientific evidence for determining marijuana intoxication/impairment and that any person could have difficulty performing these tests even if they are not under the influence of marijuana.

Operating Under the Influence – Second Offense OUI

Failed Breath Test lawyer

Second-time OUI offenders that are allowed a hardship license must install an ignition interlock device on their vehicle. They are not allowed to operate any vehicle that does not have an ignition interlock device. You will also need to adhere to additional requirements for using an ignition interlock device and a failure to do may result in violations that carry severe penalties.

Child Endangerment While Operating Under the Influence of Alcohol or Drugs

Child Endangerment, DUI OUI Defense Attorney

DCF will often get involved in situations where children were passengers in a motor vehicle that was pulled over for OUI. The courts will notify DCF that a child was in the vehicle and they will likely undertake an investigation to determine what is in the best interest of the child. DCF could take temporary custody of the child and any other children living in the defendant’s home. DCF would then create a care plan that would put in place alcohol treatment and supervised parental visits. In extreme cases DCF can take permanent custody and place the children in foster care.

Misdemeanor & Felony Motor Vehicle Homicide

DUI Arrest Criminal Defense Attorneys

The major difference between misdemeanor motor vehicle homicide and felony motor vehicle homicide is that in felony motor vehicle homicide the Commonwealth has to prove that the defendant both operated under the influence and operated negligently or recklessly as opposed to misdemeanor motor vehicle homicide where it is enough show that the defendant was either under the influence or operated negligently or recklessly.