Tips to Avoid Alcohol Related Charges On St. Patrick’s Day

In the era of Covid-19 we felt this article would be a great one to revist. A year ago Covid shutdowns were just starting and no one knew we would spending the next year in our homes, social distancing and wearing masks. At this point many of us are having cabin fever, missing the normal and with vaccines being distributed, we simply want to get out of the house. St. Patrick’s Day provides that perfect opportunity to let loose while … Continued

Tips to Avoid a DUI While Camping in Your Vehicle

In the wake of the pandemic many people have decided to travel in a personal vehicle instead of traveling by air. Therefore situations arise that would not otherwise be thought about prior to this crisis. We came across a question from a young man that is traveling across the country. We felt his situation would be a good subject to address as he is asking about the laws of drinking in vehicles that are parked overnight. Scenario Situation: Car Camping … Continued

Massachusetts Does Not Share DUI Information With Other States

A man was arrested in Northampton for OUI officially called operating a vehicle while intoxicated in the State of Massachusetts. His arrest would have been remarkable enough considering it was his eighth DUI-law conviction, but it was even more remarkable: his license was supposed to have been revoked permanently by the Rhode Island courts. Instead, he was able to acquire his Massachusetts license after 7 DUI convictions in Rhode Island. Why? Massachusetts OUI procedure has a particular trait, one that … Continued

Cahill Disposition For a 2nd OUI

The Cahill disposition arose from Commonwealth v. Cahill, 442 Mass. 127 (2004). Basically, you are charged with a second OUI offense then the court can assign the 24D program and then levy applicable penalties from the first OUI charge along with the 45-day loss of your driver’s license. The Massachusetts Registry of Motor Vehicles must uphold the disposition and under the Cahill decision, you can get your license back as long as you agree to have an ignition interlock installed … Continued

OUI License Penalties in Massachusetts

The state of Massachusetts has some of the most strict drunk driving / OUI penalties in the U.S. The penalties changed in 2005 with the passage of Melanie’s Law which focused on making the prosecution of repeat offenders easier and the penalties for OUI more severe. The law was named after Melanie Powell, a 13-year-old who was killed by a driver who had multiple OUI convictions. Massachusetts’ firm stance means that an OUI carries large fines, driver’s license suspension, and, … Continued

Child Endangerment OUI Arrest With A Minor In The Vehicle

In Massachusetts, drivers can be charged with a separate, enhanced penalty offense if caught operating a vehicle while under the influence of alcohol or drugs when a minor is in the car. The criminal charge for Child Endangerment While OUI is a serious matter that —if proven, will be a misdemeanor on your permanent record. In addition to the punishment upon conviction for the underlying OUI / DUI offense, having a child 14 years or younger in the vehicle will … Continued

5 Tips On What Not To Do At An OUI Checkpoint

Despite the obvious implications OUI checkpoints have in terms of a complete disregard for the Fourth Amendment of the U.S. Constitution, they are, nonetheless allowed in the commonwealth of Massachusetts. Until the Supreme Court re-evaluates its stand that checkpoints can be viewed as an undesirable but necessary public tool for combatting DUI incidents, they will remain in place. The smart thing to do is to understand what you should not do at an OUI checkpoint in Massachusetts. 1. Do not … Continued