Since the beginning of 2012, nearly 1.3 million people within the United States have ended up in police custody for operating a motor vehicle under the influence. While many illegal substances such as drugs are a common cause for intervention by law enforcement, alcohol is not only legal for those 21 and over, but it is also available in most social establishments. For some people a mere two drinks will place them over the legal limit. This means that it is very easy for anyone to find themselves operating a motor vehicle while over 0.08% BAC.
Good Intentions
Accidents and fatalities that occur due to operating a vehicle while intoxicated are certainly not intentional, but they do happen every day in The United States - most of which are increasing their efforts to combat the problem through tougher laws, and more severe penalties. What many people fail to realize is that alcohol does not need to be determined as the cause of an accident, but instead, needs only be present in the blood. Mechanical failure is also a common cause of accidents, but if alcohol is involved, it is safe to assume you will be charged with a DUI. The same issue can stem from a faulty blinker, broken tail light, or an out of date inspection sticker.
What to expect during a stop
Being arrested for OUI can be a frightening and embarrassing experience. While it may seem like attempting to appear sober is a good idea, there are many methods used by Massachusetts Law enforcement to determine whether or not you are intoxicated and to what degree. The most common method is a breathalyzer test. Refusing a breathalyzer in and of itself is a crime that carries its own criminal penalties and sanctions. Should your traffic stop later result in a trial, a prosecutor may attempt to use your refusal as proof of guilt. Another method is a simple blood test which may follow an arrest, and refusing a blood test is also a crime.
What to expect once you are under arrest
If a police officer suspects that you are driving under the influence of alcohol and you refuse a sobriety test, you will immediately be arrested. If submission to the sobriety test or a trial reveals that you are guilty your license will be revoked, your driving record will be permanently affected, and your insurance premiums will skyrocket. This is in addition to any possible jail time, fines, and mandatory sobriety classes.
If you have been arrested for Operating Under the Influence
If you are arrested for OUI in Massachusetts please contact Rhode Island Criminal Defense Attorney John L. Calcagni, now at (401) 351-5100 for a free consultation or more information.
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