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Massachusetts OUI

Contact Attorney Jason Chan

Attorney Jason Chan

267 North Beacon Street, Suite 3
Boston MA 01235

Phone: 781-343-1DUI (781-343-1384)
Fax: 617-226-7986

Many people are pulled over and arrested for a Massachusetts OUI.  The purpose of this blog post is to inform you of the OUI process and what police are looking for from operating your car to the police station.  Before you even get pulled over the police are observing everything about your car.  The easiest way for the police to justify pulling your car over is if you car had a broken tail light or expired inspection sticker.  The police will also focus on how you on operating the car.  Clearly if you are going the wrong direction down a one-way that is clear sign to pull you over.  However, even if you don’t make huge operating mistakes with your car, the police may still pull you over for erratic operation. 

The police tend to focus on things such as speeding, inability to stay within your lane, and failure to stop at a stop sign or red light as signs erratic operation.  When the police pull over a person for erratic operation they are trained to look to see if alcohol is the cause of the erratic operation.  When the police approach your vehicle they will look for a series of things to see if you are under the influence of alcohol.  First the police will make physical observations of how you look.  The police will look at your eyes to see if they are glassy and bloodshot.  Then the police try to smell any alcohol on your breath.  Next, the police will listen to your speech to see if it is slurred.  Finally, the police will ask you if you had anything to drink and how much you had to drink. describe the image

The police will also ask you to produce your license and registration.  While you do these things, the police will make observations to see if you have any trouble getting these items.  The police will try to look to see if you drop your license or hand them a credit card instead.  After the initial approach, if the police are suspicious that a person is under the influence, the police will ask you to step out of the car. 

During the exit the police will try to see if you are having trouble getting out or bump your head on the roof.  The police will also see if you have any problems walking or vomit. The police will also put you through a series of field sobriety tests.  If the police you to get out of the car, then you will probably be arrested for an OUI.  The police may also ask you to take the portable breathalyzer which is a hand held device. Once the police believe they have enough evidence against you, the police will place you under arrest.  Your car will be towed to a lot and you won’t be able to address that issue until you get out of custody. 

Once you are arrested, you will be brought back to the police station either in a cruiser or by way of a patrol wagon.  At the police station you will go through the booking process. At the booking process, you will have to answer background questions usually with another officer that is working the desk that day.  You will be searched and must remove all of your property. The property is kept in a plastic bag and held. You will then be offered a breathalyzer at the station and finger printed.  After the booking process is finished, you will be given the chance to make a phone call.  You will then need to wait for the bail bondsman to set a bail.  If you have enough money in your property the police will actually allow you to post your own bail.  If you don’t have enough money to post your own bail, then hopefully you can call someone that does have enough money to post your bail.  If no one can bail you out, then you will be brought to court the next day.  Hopefully, you aren’t arrested on Friday without any means of posting your own bail.  If you are held on Friday, you won’t be going to court until Monday morning.  The Massachusetts’ OUI process goes quickly and is quite confusing.  For the most part the police won’t answer your questions.  It is important that you remain polite, follow instructions and call a lawyer as soon as you can.   

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