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1. What is DUI / DWI?
2. What is a field sobriety
test?
3. Should I perform field
sobriety tests if asked at the scene?
4. Do I need an attorney to
represent me in a DUI case?
5. What do police look for
when searching for drunk drivers on the highways?
6. What are the signs of
intoxication?
7. What is the legal limit
in Massachusetts?
8. Will I lose my license
because of a DUI?
9. Will the DUI go on my criminal record?
1. What is DUI / DWI?
“Driving under the influence”, or “Driving while
intoxicated”, is the term for alcohol-related driving behavior.
It is responsible for nearly 1/3 of all traffic deaths in this
country. Many of these impaired drivers are repeat offenders and
all can cause a heavy burden of death and/or injury to
themselves and to innocent drivers, passengers, and pedestrians.
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2. What is a field
sobriety test?
Standardized field sobriety tests
were designed according to numerous federal grants and
sanctioned by the NHTSA (National Highway Traffic and Safety
Administration). There are three field sobriety tests performed
at the scene:
Walk
and turn test – where you are to walk a straight line, turn at
the end and walk back without tripping or falling. One leg
stand test – where you are to stand on one leg without
wobbling or falling.
Horizontal gaze test – where you are to
follow an object (pen or pencil) from side to side without
moving your head, only your eyes.
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3. Should I perform
field sobriety tests if asked at the scene?
If you refuse to perform any field
sobriety tests the prosecution is not allowed to introduce
evidence of that refusal to a jury, according to current drunk
driving laws in Massachusetts. Simply tell the officer that you
do not want to perform them without consulting your attorney.
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4. Do I need an
attorney to represent me in a DUI case?
You can represent yourself --
although it is not recommended. Massachusetts DUI laws are
complex and you will be better served with an attorney who is
experienced in trials as well as constitutional and sentencing
issues. A qualified attorney can review the case for defects,
negotiate for a reduced sentence, obtain expert witnesses and
may be able to win your case at trial.
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5. What do police look
for when searching for drunk drivers on the highways?
Based upon research conducted by the National
Highway Traffic Administration, the following are typical things
that police look for when pulling drunk drivers:
Wide
angle turning Driving
on the center line
Swerving in lane Almost
striking object or vehicle Driving
on other than designated highway Speed
more than 10 mph below limit
Stopping without cause
Following too closely
Drifting Braking
erratically Driving
into opposing or crossing traffic
Signaling inconsistent with driving actions
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6. What are the signs of
intoxication?
The traditional symptoms of
intoxication taught at police academies are:
Flushed
face Red,
watery, glassy and/or bloodshot eyes Odor of
alcohol on breath Slurred
speech
Fumbling with wallet trying to get license Failure
to comprehend the officer's questions
Staggering when exiting vehicle
Swaying/instability on feet Leaning
on car for support
Combative, argumentative, jovial or other "inappropriate"
attitude
Stumbling while walking
Disorientation as to time and place
Inability to follow directions
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7. What is the legal
limit in Massachusetts?
Massachusetts’ law states that a
BAC (blood alcohol content) of .08% is evidence of alcohol
impairment but is not illegal per se. States that enforce a “per
se” DUI law maintain that is illegal to operate a vehicle if you
exceed the requisite BAC legal limit. Massachusetts does not
enforce a per se law. Evidence of a person's BAC at or above the
prescribed limit is illegal.
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8. Will I lose my
license because of a DUI?
The police department should have
confiscated your Massachusetts Driver's License on the day of
the issuance of the DUI and issued you a piece of paper which
will serve as your 15 day temporary license. The 15-day period
will run 12 hours from the time of your arrest. For instance, if
you were arrested at midnight, your temporary license will be
valid and start to run at noon the next day. Whether you lose
your licenses permanently will be decided in court. Most first
offenders do not loose their license for more than 30 days. Your
attorney will go over all laws concerning DUI’s and licenses.
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9. Will the DUI go on
my criminal record?
Once you are arraigned, the
offense will be part of your record for the rest of your life.
However, if you fight and win your case in court, your record
will reflect a Not Guilty or Dismissal and will not be used
against you in any further criminal proceedings.
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