Criminal Defense Lawyer Serving Orleans

It is not legal in Orleans to operate a motor vehicle under the influence. Whether that means that your alcohol level is at 08% or more or you are under the influence of legal or illegal prescription drugs, you can be charged with an OUI, DUI, or DWI.  All of the latter are equally considered crimes under Massachusetts law. You do not necessarily need to be physically driving a vehicle in order to be charged with an OUI (Operating Under the Influence).

OUI Charges On Orleans

In Massachusetts, in order to garner an OUI conviction, the state must prove the following:

• You were the driver of the vehicle
• In full public view
• Under the influence of legal or illegal drugs or alcohol

A vital part of a conviction lies in the evidence that proves that you were under the influence. The prosecutor must show that upon being pulled over, you were intoxicated or impaired. In all likelihood, statements will be made about what led to your stop, whether you were driving erratically, speeding, or swerving, and what the results of your interaction with law enforcement were. The law enforcement officer may testify that he/she observed that upon visual inspection, you appeared out of sorts, slurred your words, and detail whether or not they smelled alcohol, marijuana, or any other substance. Ultimately, they will want to share what your blood alcohol level was as well.

Initial Traffic Stop

During the initial traffic stop, law enforcement will note any details that they observe. These include:

• any activity that they may observe as they approach your vehicle
• your demeanor after they approach your vehicle
• your interactions during the stop
• your body language during the stop
• any odors that an officer smells emanating from the vehicle during the stop

During the course of your stop, law enforcement will have an exchange with you which includes some general questions about where you are driving to, where you were prior to getting on the road, and disclose why they have pulled you over. If an officer requests your license and registration, it is vital that you comply with that request. There is no law that says that you have to answer any of the officer’s questions however, it is always a good idea to be cooperative and cordial with the understanding that anything that you say or do can and will be used against you. It is wise not to admit to any activity that can become criminal while you are now behind the wheel.  They may ask if you had anything to drink before you got into the car and the answer may be used against you.

Sobriety Tests In Orleans

Law enforcement may request that you exit your vehicle in order to facilitate a sobriety test that may include the following:

• Walking heel to toe in a straight line
• Standing on one leg
• A finger-to-nose test
• A breath test

Can You Refuse A Sobriety Test In A Orleans OUI Stop?

It is your legal right not to take part in a sobriety test. You have an absolute right to refuse any test requested of you as these tests are not legally required. It is always best to remain calm, cordial, and cooperative however, this also includes refusing any sobriety test by law enforcement. Should the officer place you under arrest, you are required to comply with commands, exit your vehicle, and allow the officer to facilitate your arrest. Your cooperation ensures that you are able to seek experienced criminal defense in Orleans and fight to clear your record of charges or have any charges reduced or dismissed. Above all, understand that you have a right to remain silent and can exercise that right.

Post OUI Arrest

Should you be placed in handcuffs, the experience can definitely be harrowing however, your case does not end there. You will be transported to a station where you will be processed which includes providing you with an opportunity to make a call, photographing you, and fingerprinting you for your criminal record file with law enforcement.

Orleans OUI Breath Testing

Law enforcement may ask that you cooperate with a breath test. As previously mentioned, you do have the right to refuse this test with the understanding that you will absolutely lose your license.  Once you refuse a breath test at the police station, your license will get suspended. You can seek an independent test at a medical facility of your choice and as such, you will need to advise the officer processing you with that information. While your license will get suspended in the interim, this allows you the opportunity to get tested at your own discretion and give you an alternative test to assist in fighting your OUI charges.

OUI Bail

You will either submit to a breathalyzer or not and after such time as you complete the test or refuse the test, you will sit idle in a cell while your bail is decided. In cases where there is no criminal record, it is possible that you may be released without bail which does not include any processing fees, or, you will learn what your bail amount is. In the case of bail, you will have the opportunity to make a call in order to organize how you will be making that payment, and in addition, it would be wise to seek transportation during that call as you is not likely that you will get your vehicle back right away. If you are unable to come up with bail, you will remain in holding until your arraignment is scheduled.

Court Procedures After an OUI Arrest in Springfield, MA, and Hampden County

Orleans Arraignments

In many cases, if you are arrested on a Friday night, you may end up waiting until Monday to be arraigned. This is not always the case however, it is important to be prepared to sit in a holding cell throughout the weekend. Under normal circumstances, you will wait 24 hours until you are arraigned. The charges against you are read and you enter your plea of guilty or innocent. The case is not decided on the day that you are arraigned, it is decided at a future date.