Frequently Asked Questions About Massachusetts DUI Law

Massachusetts DUI Law Frequently Asked Questions (FAQ)

1. What do police officers look for when searching for drunk drivers on the highways?

 The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:

1. Turning with a wide radius
2. Straddling center of lane marker
3. Appearing to be drunk
4. Almost striking object or vehicle
5. Weaving
6. Driving on other than designated highway
7. Swerving
8. Speed more than 10 mph below limit
9. Stopping without cause in traffic lane
10. Following too closely
11. Drifting
12. Tires on center or lane marker
13. Braking erratically
14. Driving into opposing or crossing traffic
15. Signaling inconsistent with driving actions

Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety.

2. If I'm stopped by a police officer and he asks me if I've been drinking, what should I say? 

Tell the officer you don't want to answer any questions until you speak to an attorney. It is important to be polite and respectful to the police officer, since if you are rude to an officer you can be sure he will testify to that in front of a jury.

3. What is the officer looking for during the initial detention at the scene?

 The traditional symptoms of intoxication taught at the police academies are:

1. Flushed face
2. Red, watery, glassy and/or bloodshot eyes
3. Odor of alcohol on breath
4. Slurred speech
5. Fumbling with wallet trying to get license
6. Failure to comprehend the officer's questions
7. Staggering when exiting your vehicle
8. Swaying/instability on feet
9. Leaning on car for support
10. Combative, argumentative, jovial or other "inappropriate" attitude
11. Soiled, rumpled, disorderly clothing 
12. Stumbling while walking
13. Disorientation as to time and place
14. Inability to follow directions

4. Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test? 

Under Massachusetts DUI law you have no right to an attorney after being asked to take a field sobriety test.

5. If an officer asks me to perform field sobriety tests what should I do?

 If you refuse to perform any field sobriety tests the prosecution is not allowed to introduce evidence of that refusal to a jury. The reason the officer asks you to perform the field sobriety tests is so he can use the evidence against you in court. Officers are also often not well trained in performing these tests. Most of the time telling the officer that you do not want to perform them on the advice of your attorney is your best bet.

6. What should I do if I am asked to take a breath test?

 Ideally, most people would like to take the test if they know they will blow under the legal limit for blood alcohol in Massachusetts, which is .08, and refuse the test if they know they will blow over the legal limit. 
     This decision is made difficult because most people are not going to judge very accurately what their blood alcohol level is, and breath machines are subject to a number of problems that can make them unreliable, and will sometimes result in a person who has is not legally intoxicated having blood alcohol reading over the legal limit. 
     There are many good reasons to refuse a breathalyzer test. If you refuse to take a breath test in Massachusetts that fact can not be introduced against you in a jury trial. Because of these factors, most experienced Mass DUI lawyers will advise you to refuse the breath test and not risk giving the state evidence against you. 

7. What happens if I refuse the breath test?

 If you refuse the breath test your drivers license is suspended for a minimum of 180 days. If you fail the breath test then your license is suspended for 30 days. However, if you refuse the breath test, there are still the option available to you to get a hardship license for travel to and from work. 

8. The officer never gave me a "Miranda" warning: Can I get my case dismissed? 

No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Your best bet is to politely tell the officer you don't want to speak to him until you have spoken to your lawyer.

9. Can I represent myself? What can a lawyer do for me?

 You can represent yourself -- although it is not a good idea. Massachusetts DUI laws are complicated, and you want someone who has experience in trials as well as constitutional and sentencing issues. 
     What can a lawyer do? A qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses and may be able to win your case at trial.

10. What will it cost to get a lawyer?

Please see my fees page for more details on what I charge.

In general, fees varies widely depending on the experience of the attorney. You may find a general practitioner in Massachusetts that will charge you as little as $1,500, a well known expert in Massachusetts DUI law may charge you $10,000 or more. Some issues to consider are:
(1) Is the offense a misdemeanor (1st or 2nd) or felony (3rd or subsequent)? 
(2) If prior convictions are alleged, the procedures for attacking them may add to the cost. A first offense Massachusetts DUI will be less expensive than a second or third offense OUI/DUI.
(3) The fee may or may not include trial or appeals.
(4) The lawyer may have a fixed fee or an hourly rate.
(5) Expert witness fees, independent blood analysis, service of subpoenas, etc., may be extra. Make sure you ask for a written agreement and understand all of the terms.

 FAQ Continued..

Some of the preceding material is reproduced courtesy of California DUI attorney Lawrence Taylor, author of DRUNK DRIVING DEFENSE, 5TH EDITION.  The material has been altered to reflect Massachusetts OUI laws.

Call Russell Matson's cell phone to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730.