OUI-DRUGS

Many people believe that a Massachusetts Operating Under the Influence (OUI) charge can only be issued for those who are under the influence of alcohol.  However, you can also be convicted of an OUI if you are found to be operating a vehicle while under the influence of certain "banned" drugs.  Known as "drugged driving," it is illegal to operate a motor vehicle under the influence of drugs, as certain drugs affect a driver's motor skills, reaction time and judgment.

In Massachusetts, the OUI-Drugs charge is similar to the charge of Operating Under the Influence of Alcohol.  The arrest process, penalties, and legal defense strategies are similar.

The three things that the Commonwealth of Massachusetts (through the District Attorney's Office) must prove are:

1.  That the Defendant was operating a motor vehicle,

2.  On a public way, while

3.  Under the influence of drugs (in the category of banned substances).

If all three have been proved beyond a reasonable doubt (emphasis added), then the Judge or jury should return a guilty verdict.  On the other hand, if any of the three elements have not been proven, then the Defendant should be found not guilty.

Our DUI Defense Attorneys
Attack Every Element of the Drug Charge

Law enforcement may use a Drug Recognition Expert (DRE) to determine whether or not you were Operating Under the Influence of Drugs, but our attorneys insist that Drug Recognition Experts are not doctors!  It is almost impossible for them to distinguish, beyond a reasonable doubt, the difference between a driver's legally prescribed or over-the-counter purchased medication from a banned central nervous system stimulant.  Our DUI Defense Attorneys question the credibility of the arresting officer and the facts of your case to provide an aggressive defense.

OUI-Drug Cases Are Tough Cases
For the District Attorney to Prove 

Unlike drunk driving situations where the level of alcohol in a driver's bloodstream can be measured by a breathalyzer, there is no fixed standard for determining impairment in drugged driving cases and arrests are based largely on an officer's observations. 

Moreover, while law enforcement officers who suspect a driver has been using drugs can ask for a urine or blood sample, there is no penalty for refusing such a test much like there is for refusing to take a breath test.

Our DUI Defense Attorneys
Like to Argue - and our Goal is to Win!

Learn more by contacting one of our DUI Defense Lawyers.