Massachusetts has several strict laws that pertain to youths and alcohol related offenses especially when operating a motor vehicle is involved. The registry of motor vehicles (RMV) also takes alcohol related offenses involving minors very seriously. The RMV provides enhanced penalties for drivers under the age of 21 that are convicted of operating under the influence of alcohol or drugs, possession of open alcoholic beverage in a vehicle or refusing the breath test.
The OUI checkpoints must be adorned with road flares, signs and police vehicle flashing lights that are adequate to notify drivers that there is roadblock ahead. As drivers approach the entrance of the DUI roadblock they will be met by a uniformed officer that will direct the driver to pull their vehicle into a designated area where they will have a brief encounter with another officer for approximately one minute.
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 of Drugs (OUI Drugs) is a serious criminal offense in Massachusetts that can result in jail time, fines, loss of your drivers license, and a criminal record. An OUI Drugs is very similar to a drunk driving or OUI alcohol case and we approach both cases essentially the same way.
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.
If you were arrested for an Operating Under the Influence/Driving Under the Influence (OUI/DUI) offense, you are facing two different cases against you. The first is a case that involves the status of your drivers license in Massachusetts and the other involves the criminal case and criminal penalties if found guilty.