DUI Attorney Joseph J Higgins Blog

If you have recently been charged with an OUI here in Massachusetts, you are most likely facing some sort of license suspension. The duration of that suspension will depend on the particulars of your case, but are largely influenced by your prior OUI history (if any) and whether you took or refused the breath test.

While every person’s situation is different and the legal/tactical approach must be tailored accordingly, there are certainly some rules of thumb that anyone charged with an OUI must be familiar with prior to attending court.

Very simply put, you do not have to perform the field sobriety tests. In fact, in most situations it’s advisable that you not perform them.

When a client comes to me with a subsequent offense, I am often asked “Will the judge or jury know about my first one (or, “my other ones”)?” The answer is no—well, at least not right away. In Massachusetts, subsequent offense OUIs are handled in a bifurcated fashion.

In order for a police officer to stop you, he must first have (1) observed you commit a civil motor vehicle infraction (speeding, marked lines violation, etc.); or (2) reasonable suspicion to believe you have committed a crime, you are committing a crime, or you are about to commit a crime.