August 26, 2019

The summer is winding to a close. The kids are heading back to college and soon the neighborhood school bells will be ringing. In these waning days of summer many of us are looking forward to a last big outdoor gathering to enjoy Labor Day celebrations. Food, friends and family are at the heart of these wonderful events, but as you toast to another great summer, remember that those drinks should be consumed in moderation. There’s no reason to spoil your summer swansong with an OUI. If you choose to indulge, plan ahead: make sure to have a designated driver, plans to stay the night or a taxi or ride share to bring you home. An OUI will ruin more than your weekend.

If you do drink and choose to drive, you risk being stopped. In addition to being stopped because the police think you are impaired, holiday weekends also often include random checkpoints where everyone is asked to stop. If you find yourself being stopped for an OUI, be smart. When you are stopped, the police officer has a mental checklist to evaluate you even before he or she gets to your car window:

  • how you pull your car over
  • what you do after you are pulled over
  • how easily you find your registration and retrieve your license
  • how coherent you seem once you begin to interact with the officer

If you are stopped, we strongly advise our clients to refuse to take any sobriety tests. The breathalyzer – which for a time recently was not admissible in Massachusetts courts – is again admissible. If you refuse to take the breathalyzer you will immediately forfeit your license for a time, but if your case needs to go to court, the jury will not know that you refused the breathalyzer and there will be no evidence against you.

If you or a family member or friend needs legal advice or help with an OUI charge call or text us. Contant Law – (617) 227-8383.

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