Dependence on alcohol can lead to a drunk driving charge. People who are addicted to alcohol rely on it to function through many daily activities. Of course, adults with alcohol use disorder aren't legally allowed to consume alcohol and drive. Anyone stopped and found to be impaired will face criminal charges.
Breath testing is commonly used in Massachusetts and throughout the U.S. by law enforcement agencies in order to identify if drivers are under the influence of alcohol. Under the state’s implied consent law, you could face serious civil penalties if you refuse a breath test. Therefore, it may be of benefit for you to understand how these machines work.
The problem with field sobriety tests is that they can result in a “false positive,” which means that the test can conclude you have alcohol in your system when in fact you do not. While Massachusetts field sobriety tests are not complicated, it is a fact that a completely sober driver can still fail a sobriety test, which can lead to an unnecessary arrest and time in court.
Criminal cases that result in a conviction must go through the sentencing phase. During this phase, the court reviews the factors of the case and determines what punishment the person should face. Sentencing can be complicated, so it is imperative for anyone facing criminal charges to understand certain things.
Late on a Friday or Saturday night, many people in Boston keep an eye out for drunk drivers. While Massachusetts is perhaps no worse than other states when it comes to drunk driving, it is nonetheless a problem that needs to be addressed. CNN estimates that drunk drivers kill one person every 51 minutes — often, including themselves.
A person's Miranda rights are an important part of the defense strategy in some cases. It is imperative that anyone who has contact with the police understand these rights and when they are relevant. Some people falsely believe that they should be read their Miranda rights -- "You have the right to remain silent ..." -- during any interaction with the police. In fact, there are only specific times when a person must be read these rights.