Middlesex County OUI Drugs Lawyer

Operating Under the Influence of Drugs

Dudley experience

“OUI Drugs” is also governed by Mass. General Laws Chapter 90, Section 24. In order to prove OUI Drugs, the Commonwealth must prove that the defendant was operating a motor vehicle while under the influence of one or more of five different categories of drugs—marijuana, narcotic drugs, depressants, stimulants, or the vapors of glue.

OUI Drugs cases are inherently more difficult to prove because the Commonwealth often does not have evidence of the type or amount of substance that the defendant has consumed. There is no equivalent of the breathalyzer machine to obtain this kind of information. The prosecutor instead often relies on “Drug Recognition Experts,” typically police officers who have received training on how to recognize physical symptoms of the four proscribed categories of drugs. The admissibility of such testimony may be limited or even excluded by the judge depending on such factors as the officer’s opportunity to observe and interview the defendant in person, and whether the officer has received any formal medical training.