DUI / OUI / Driving Under the Influence

Concord OUI Attorney

OUI, DUI, driving under the influence—it is called by different names but it all refers to the same type of charge. If you are charged with this offense, immediately call an attorney with years of experience defending this charge, in order to fully preserve your rights and maximize the chance of a successful outcome. Attorney Goar has been successfully defending individuals accused of OUI for over 25 years and will use his experience to help you put this charge in your rear view mirror and get on with your life.

In Middlesex County, a charge of OUI/DUI is treated very seriously by the prosecutor. The statute governing impaired driving is Mass. Gen. Laws. Chapter 90, Section 24, also called “Melanie’s Law.” OUI law is very intricate and it is critical that you consult with an attorney specializing in OUI law who can evaluate the strengths and weaknesses of your case.

Attorney Goar has been defending people accused of OUI offenses for 25 years and keeps up to date with the latest legal developments and defense techniques, including those involving the breathalyzer machine used by all law enforcement agencies in Massachusetts, the Draeger Alcotest 9510. Each OUI case involves a unique set of facts and demands a different approach. Attorney Goar will draw on his years of expertise in OUI cases, combined with the care and attention he applies to every case, to deliver the best result.

OUI — The Arrest

Being arrested for OUI is an intimidating experience. Most OUI cases begin with an arrest of the individual at the roadside, followed by a transport to the police station in a police “cruiser’ where he or she is “booked” (a process in which the police record the person’s biographical information in their database, take their booking photograph, and inform of their statutory rights, among other things.) If the court is closed, the police will call a bail commission and that person will come to the police station to set bail. If the bail commissioner is unavailable or you cannot afford bail, then the police will bring you to court the next business day for the arraignment.

OUI – Statutory Rights

A critical phase of the arraignment process is the reading of the the “statutory rights” to the defendant. Statutory Rights usually consist of Miranda rights (the right to remain silent); a request to take a chemical test to determine the defendant’s blood alcohol content and an explanation of the consequences of refusing a chemical test; and “5A Rights,” named after the statute requiring the police to provide such rights, Mass. Gen. Laws Chapter 263, Section 5A. This statute requires the police “immediately upon being booked” to inform the defendant that he or she has the right, at their request and expense, to be examined by a physician of their choice. The statute also requires the police to provide a copy of the 5A rights to the defendant, or to post the rights in the police station in a “conspicuous place” to which the defendant has access. The failure of the police to properly provide 5A rights to the defendant at the time of arrest can constitute grounds for dismissal of the OUI charge, an issue that sometimes arises when the defendant does not understand English and the 5A rights are not provided in a language the person can read or understand.