Here is a list of things I recommend you do if you're stopped by the police and suspected of driving under the influence of alcohol or OUI in Massachusetts:
1. Always be respectful to the police officer or state trooper that has stopped your vehicle.
2. Give the officer or state trooper your driver's license and registration.
3. Do not admit to drinking any alcohol.
4. Do not answer any questions asked by the officer or trooper, simply state that you would like to speak with your attorney before answering any questions.
5. Do not perform any field sobriety tests.* Contrary to popular belief, you do have a right to refuse to perform these tests.
6. Do not give the officer any other evidence that can be used against you at trial, i.e. leave the scene of an accident, rude or obnoxious behavior, yelling and screaming, empty alcohol bottles in your car, etc.
7. Do NOT take the breathalyzer test.* Even if you do all of the six things listed above, you still may have a chance for a not guilty at trial. However, a breathalyzer result over .08 may cause problems at trial.
8. Contact Attorney Gomes so that she may go to the Arraignment with you. This will be your first court appearance and you should have your attorney present.
*If you have consumed 1-2 alcoholic beverages prior to being stopped by the police you must use your own discretion as to whether you will pass the field sobriety and breathalyzer tests. Please keep in mind that a breathalyzer test refusal will result in a loss of your driver's license for 180 days. However, it is likely that your trial will take place before the 180 days has elapsed.
Call an experienced Massachusetts OUI attorney now at (617) 524-6600.
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