OUI/DUI FAQs

In Massachusetts, you have the right to decline the breathalyzer test at the station, though refusal triggers an automatic RMV license suspension starting at 180 days. However, refusing the test denies the prosecution the primary scientific metric required for a conviction, frequently providing us a stronger position to defeat the underlying OUI charge at trial.

Not automatically. Miranda rights only protect you from self-incriminating statements made during a custodial interrogation. While an officer's failure to read these rights may allow us to ask a judge to suppress statements made when you are in police custody or not free to leave, it does not automatically dismiss the physical evidence or the initial traffic stop itself.

A completed CWOF avoids a formal guilty conviction, but it still triggers a license suspension and requires that you admit to the offense ("admission to sufficient facts.") For some licensed professionals, commercial drivers (CDL), or individuals with security clearances, a CWOF can be treated identically to a guilty conviction by oversight boards and can severely damage a career.

Not usually. Only under specific, narrow legal circumstances. Law enforcement cannot conduct a warrantless search of your vehicle simply because they stopped you for suspected OUI. We systematically challenge the constitutionality of vehicle searches and file motions to suppress any illegally obtained evidence.

Not necessarily, but we prepare every case as if it will. The decision is yours after careful review and consultation with your lawyer. Preparing for a jury trial from day one provides strong negotiating leverage. When the prosecution recognizes our readiness to dismantle their evidence in court, we secure a superior position to demand dismissals or definitive resolutions.