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Boston OUI/DUI Defense Blog

Drugged driving is just as bad as drunk driving

Many drivers in Boston are not aware of how dangerous drugged driving is. The number of motorists on the roads is increasing each day. So is the number of intoxicated vehicle operators. Many of these drivers are not drunk on alcohol; they are under the influence of drugs.

Many medications and illegal substances can cause users to experience many of the same symptoms that drunk motorists experience. According to CNN.com, common drugs that drugged drivers use include cocaine, opioids, amphetamines and marijuana. Dizziness, loss of motor skills, incoherence, slurred speech and impaired judgment skills and reaction times are just some of the symptoms that affect both drunk and drugged motorists. Usually, these side effects do not immediately occur after use. Many people assume that they feel fine enough to operate their vehicles, only to end up exhibiting signs of intoxication while they are behind the wheel and facing DUI charges.

When your driver’s license is suspended for breath test refusal

While public transportation may be an option in some circumstances, the demands of your life in Massachusetts may require you to be able to drive yourself and others around Boston. However, if you have refused to take a breath or chemical test when pulled over by a law enforcement officer, he or she is not likely to consider your transportation needs. We at the law office of Attorney John B. Seed have assisted many people who have lost their driver’s licenses in this way.

The Massachusetts Registry of Motor Vehicles explains that a breath test refusal does not result in a criminal charge, but the moment you refuse, you automatically lose driving privileges. Fortunately, there are conditions under which you may appeal your driver’s license suspension or revocation. In a hearing at the Boston RMV Office, you may challenge it by stating that the officer did not arrest you, that you never refused to take the test or that you were arrested, but there were no reasonable grounds for it.

What happens if a teacher is charged with DUI?

There is never a good time to be charged with drunk driving in Massachusetts. This is particularly true if you're studying to become a teacher or you already work in a school.

If you find yourself charged with OUI (operating under the influence), you may face a variety of challenges, including a negative impact on your career and the possibility of losing your license. There are steps you can take to avoid serious trouble.

Standing up for those facing false DUI/OUI charges

On this blog, we have examined some of the consequences that often come with drunk driving charges, such as financial penalties, job difficulties, jail time and a damaged standing in the community. Unfortunately, some people have suffered these setbacks after being taken into custody over false allegations of driving under the influence.

At the law offices of John B. Seed, we believe that those whose lives have been shattered by false DUI accusations in the Boston area deserve justice.

Driver taken into custody after field sobriety test

When someone finds themselves accused of driving under the influence and submits to a field sobriety test, the results of the test could have an impact on their future in many ways. In addition to spending time behind bars and facing stiff financial penalties, drunk driving charges can also haunt people years down the road. For example, someone charged with drunk driving in Boston may struggle to find work in Massachusetts, or elsewhere in the country.

Law enforcement officials in New Hampshire recently took a driver into custody after she submitted to a field sobriety test. The test, which was conducted at the station, allegedly showed the woman's blood alcohol level to be 0.12. Authorities charged the woman and she was let go after posting bail.

How to help if your son or daughter is charged with DUI/OUI

As a parent, you know just how difficult it can be to send your child off to college. Even though he or she is growing up, you worry about every decision they make.

The last thing you want to hear is that your child is in trouble with the law, such as for operating under the influence of alcohol (OUI). Unfortunately, this happens to many students every year.

Your balance issues could cost you your freedom

Before administering a field sobriety test on the side of a Massachusetts roadway, law enforcement officers have to go through training to learn how to correctly administer them. Two of these are the walk-and-turn test and the one-leg stand test. These measure balance, which can be precarious for someone who has a blood alcohol concentration at or above the legal limit of 0.08 percent.

According to AAA, an officer may suspect that drivers are under the influence of alcohol if they have to put their arms out to catch their balance while taking heel-to-toe steps, or while standing on one foot and holding the other about six inches off the ground. If a driver also steps off the line in the first test, or puts the foot down in the other, the officer may determine that those two errors are enough reasonable proof that a person is impaired and can be required to take a breath or blood test.

Abnormal brain function could lead to DUI arrest

A Massachusetts law enforcement officer who has reason to believe a driver is impaired may make a traffic stop to evaluate the situation further. If he or she feels there is enough evidence at that point, there may be a field sobriety test, which can assist officers in identifying people who are driving under the influence. According to AAA, over 90 percent of roadside sobriety tests are successful when administered by a properly trained officer. This leaves significant room for error.

When officers require drivers to follow a moving object from side to side with their eyes, alcohol impairment will cause the eyeball to jerk. This movement is known as horizontal gaze nystagmus. While a drunk driver would not be able to maintain a steady gaze and would exhibit this telltale sign of a high blood alcohol content, many people have medical conditions that lead to the same response.

Roadside breath test considerations

A Massachusetts law enforcement officer has several ways to determine whether he or she has probable cause to arrest someone for operating a vehicle while under the influence of alcohol. One of these is the breath test, and according to Business Insider, refusing to take this test may not be the best option, even if the driver has had a few drinks. In fact, taking the test may provide a better opportunity for a defense strategy in court.

The Massachusetts Prosecutors’ OUI Manual explains that an officer should perform other roadside sobriety tests before administering the breath test. First, there should be an indication that the driver may be impaired based on the way he or she is driving. Once the vehicle is pulled over, there should be indicators that the person could be under the influence. At that point, the officer may require the driver to undergo the standard roadside sobriety tests.

DUI defense strategies: beyond basic training

Because the U.S. legal system is designed to protect your rights, a Massachusetts law enforcement officer who arrests you for DUI must follow a specific protocol to prevent these from being violated. The slightest deviation from mandatory procedure could lead to an unfair outcome that affects your life permanently. To ensure that he provides clients with skilled, knowledgeable DUI defense strategies, attorney John B. Seed has completed advanced education about techniques for investigating arresting officers in this type of case.

A wide range of authorities may be involved in your case, including those in law enforcement, as well as prosecutors and judges. Mr. Seed’s recent training, which was conducted by the American Association of Premier DUI Attorneys, included information provided by members of these professions and others who have spent years participating in various aspects of DUI cases. The knowledge they have contributed is not commonly provided in standard education for DUI attorneys. Any attorney who does not receive this instruction is not likely to have the advanced tools necessary to develop a strategy that is relevant to the specifics of your case.

There is no time to waste. Let us begin building a strong defense for you now.

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