OUI/DUI Archives - Eden Rafferty

February 11, 2021

Legal Marijuana: Does It Impact a Personal Injury Case?

For people over the age of 21, marijuana is legal to use under Massachusetts law. When marijuana became legal, many people wondered how the change would affect OU/DUI and accident rates. Legal marijuana is treated similarly to alcohol when it comes to things like driving, operating heavy machinery, and personal injury cases. Marijuana Use and Safety Just like alcohol and …
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October 26, 2020

The BRAVE Act – How Veterans and Active Duty Military Can Avoid OUI Prosecution

In August of 2018, Governor Charlie Baker signed the BRAVE Act (i.e. An Act Relative to Veterans’ Benefits, Rights, Appreciation, Validation and Enforcement) into law to replace the repealed VALOR Act. The new law enables veterans to avoid criminal prosecution for certain offenses, including drunk driving, but only if they are active duty or have been honorably discharged and diagnosed …
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April 2, 2020

License Suspensions Caused by an OUI Arrest

If you are accused of operating under the influence of drugs or alcohol, there are different and possibly multiple suspensions in regard to your license to operate a vehicle. These suspensions typically run after one another, therefore it is important to speak with an attorney. Below is a simplistic summary of potential suspensions: Chemical Test Suspensions: When you are charged …
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April 2, 2020

Sentences & Penalties for OUI Convictions

The Court process is complex and timely, where many cases take more than a year before they are resolved or get a trial date. If you are convicted of an OUI, there is a substantial possibility that jail could be offered by the Prosecutor with respect to the facts of your case. In addition, you will very likely be ordered …
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April 2, 2020

The First Steps After an OUI Arrest

If you have been arrested or charged with Driving a Motor Vehicle under the Influence of Alcohol or Drugs in Massachusetts, your next decision will likely be the most important decision you make following your entire ordeal. There are many attorneys who will give you the runaround, secure your business, and fail to protect your rights. Our firm, Eden Rafferty, …
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April 2, 2020

What Happens During an OUI Arrest?

Roadside Many times in OUI arrests, a person is pulled over by a police officer for a simple civil infraction. Other times, for possibly a simple motor vehicle accident. The officer approaches your car and asks for your license and registration. While you are retrieving the items, he may begin to ask additional questions while watching your movements. These questions …
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January 10, 2019

AP: Massachusetts judge bans use of Breathalyzer test in court

According to Associated Press News, a Massachusetts District Court has ruled that no Breathalyzer tests administered in the state can be used as evidence in court until the Office of Alcohol Testing proves its results are accurate. For more details, read the article here.
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August 21, 2018

OUI/DUI: Do I Need to Take a Breathalyzer Test in Massachusetts?

If you are pulled over for OUI/DUI in Massachusetts, It is more than likely the police officer will ask you to step out of the car, perform some field tests, and take a breathalyzer test. Without fully knowing all of your rights, you may comply with the officer’s orders without question. However, the results of the breathalyzer test, given without …
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August 21, 2018

OUI/DUI: Can I Handle a Massachusetts OUI Charge Without a Lawyer?

Many people in Massachusetts think they can handle an OUI charge without a lawyer. They don’t think they should have been stopped, they don’t think they were driving erratically, or they have some other reason for challenging the arrest. They don’t see it as a problem to go to court and tell their side of the story. But often, when …
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July 25, 2018

CASE STUDY: Eden Rafferty Defends Social Drinker Who Failed Sobriety Tests from Driving to Endanger and OUI Charges

Our client had drinks with dinner, like many of us do. While driving home, they rear-ended another car, and had to take sobriety tests — which they failed. Eden Rafferty successfully argued that the Commonwealth did not have enough evidence to prove our client’s guilt beyond a reasonable doubt. Our client was found not guilty.
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