Frequently Asked Questions

ATTORNEY ANSWER: The Officer/Trooper merely needs to establish probable cause, a subjective reason, to believe that someone is operating under the influence of alcohol.  Since the standard is subjective it is a very easy standard to meet as far as the decision to arrest or charge an individual with Operating Under the Influence of Alcohol […]

Additional Information: I was arrested for DUI in Norwell, MA last weekend.  In addition to 9 step and turn field sobriety test, the officer held a penlight in front of me and asked me to follow it.  Hasn\’t that been unadmissable in MA for years?  If so, do I have a good case to defend?

Additional Information: I admitted to having a few beers after work and was recently arrested for OUI in North Andover.   I think I will be able to hire a drunk driving defense attorney, but one of the things I was curious about is, can they ask someone with a disability to hold their leg off

ANSWER: Contact us as soon as possible and prior to your Drunk Driving (OUI, DUI, DWI) arraignment, if possible. If you are not represented at the arraignment, the court will enter a plea of not guilty on your behalf or you should indicate to the Court if asked that you want to enter a plea

ANSWER: Contact us as soon as possible and prior to your Drunk Driving (OUI, DUI, DWI) arraignment, if possible. If you are not represented at the arraignment, the court will enter a plea of not guilty on your behalf or you should indicate to the Court if asked that you want to enter a plea

ANSWER: It is a driver alcohol education program wherein a person charged with a first offense OUI attends a class that usually meets one time a week and continues for a period of usually 16 weeks. The 24D program costs approximately $600.00.

ANSWER: Lifetime – Massachusetts will now consider offenses that occurred during your life. There are no exceptions.

ANSWER: No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government’s evidence.

ANSWER: A CWOF means a Continuance Without a Finding. A CWOF is not a conviction, but the court will continue the case for a period of time and at the end of that period the case will be dismissed. However, for purposes of a Drunk Driving (OUI, DUI, DWI) it is considered a first offense

ANSWER: First Offense – 180 Days; Second Offense – 3 years; Third offense – 5 years; Fourth offense – Lifetime.Failure of Breath Test – 30 days. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts.