It is easy to be charged with a Massachusetts DUI because much of the evidence is opinion testimony of the officer that he believed a driver was impaired. For those charged with a first offense OUI, it is important to remember that merely being arrested is not the same as being convicted of DUI.
Massachusetts OUI law prohibits someone from operating a motor vehicle so that their ability to operate the motor vehicle safely is diminished by alcohol. In cases without a breathalyzer reading, the Commonwealth has to prove that alcohol diminished a driver's ability to operate safely. The case of Commonwealth v. Connolly, 394 Mass. 169 (1985) establishes this standard.
Often a Massachusetts DUI charge will result from officer observations of some traffic infraction, admission to drinking and failure to field coordination tests. The important thing to remember when charged with a first offense is that the police report is not the final word and that the Commonwealth has a substantial burden of proving that you were impaired beyond a reasonable doubt. It is not illegal to consume alcohol and drive home as long as your ability to drive is not impaired. In many cases, the Commonwealth cannot prove beyond a reasonable doubt that a driver was impaired by alcohol to obtain a DUI conviction.
It is easy to be charged with a DUI offense. This past week a Wisconsin police chief was arrested for DUI and Washington State police sergeant were arrested for DUI.
While it understand to be embarrassed when arrested for DUI, it is important to hire an experienced Massachusetts DUI lawyer to find out what DUI defenses are available and so that you can make an informed decision as to how to handle your case. I have had clients call after resolving a case only to inform them they may have had promising defenses. If you were charged with a Massachusetts DUI, call Attorney DelSignore and he will help you understand the process and point out the strengths and weaknesses of the Government's case against you. You can reach attorney DelSignore at 508-455-4755 or 781-686-5924 or by email.
