Massachusetts Legal Blog
What To Do If You’re Pulled Over for OUI in Massachusetts
Getting pulled over is always an anxiety-filled experience, and if you believe you’re being pulled over for suspicion of operating under the influence (OUI/DUI), it can be even more nerve-wracking. If you’re ever in this position, here are some things you should remember.
Don’t Panic. This is a common occurrence, and you don’t know why the officer has pulled you over. Staying calm will help you think more clearly, and will allow you to process and answer to what the officer is asking.
Be Polite. Treat the officer as you would in any other circumstance, with the respect and manners. Being rude or uncooperative will not help you.
Don’t admit anything. The officer will be observing your behavior for signs of intoxication. If he or she asks you if you’ve been drinking, simply tell them that your attorney has advised you not to answer questions of this type. Anything you do say can be used against you during an OUI stop, and the officer will not remind you of this fact.
Don’t submit to a field sobriety test. The officer may insist that you get out of your car, and you should do as he or she asks. Again, they do this to observe your behavior. If they begin to instruct you on performing sobriety tests, you’ll need to politely refuse to do them. The officer will not ask if you are willing, you’ll need to know to say no.
Refuse to take any field breathalyzer test. At this point, you will most likely be arrested and taken in. Remain calm and cooperate.
At the station, you should answer any questions regarding your identification. Do not answer any questions about whether or not you’ve been drinking or where you’ve been.
By law, you will be asked to take a breath test, and you have the right to refuse. If you take the test and fail, your license gets suspended, for 30 days. If you refuse the test, your license is suspended for 180 days. While it’s not ideal, refusing the test will dramatically increase your chances of winning at trial.
Most importantly, you’ll need to hire an attorney. At the DiBella Law Office, we specialize in OUI / DUI cases. If you’ve been arrested for a OUI or you’re concerned about what your rights are in an OUI situation, we can help. Contact a Massachusetts drunk driving defense lawyer today for a free, no obligation consultation.
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