Legal Question in DUI Law in Massachusetts

Re: OUI One Person Accident

If the result of the breathalyzer was above a .08 and your son being under 21, I would believe that Operating Under the Influence charges are imminent. Since he went to the hospital the police will probably summons your son in to court to answer to the charges or possibly put the case on for a clerk's hearing to see whether the charges should issue. I would need to know more about what happened and what other evidence exists to be able to talk to the strength of the Commonwealth's case. I would definitely hire an attorney who can inquire as what is going on and as to whether charges will be issued. Please feel free to contact me further at [email protected] to discuss the matter. I hope that my information helps. Martha Kovner

Re: OUI One Person Accident

I am a colleague of Attorney Krowen, with a criminal practice. Your son should have counsel in the event that he is charged with OUI and/or Negligent Operation. Please contact me at [email protected] or Attorney Krowen via e-mail.

Re: OUI One Person Accident

What is your basis for stating that the BAC was .09? Given your description of events, I assume that the hospital obtained this information as part of your son's treatment, and that your son did not provide breathalyzer results to the police. Is that correct? If so, the hospital should not have provided that information to the police, and the police have no objective way to establish the BAC level. Accordingly, they will have to rely on other information and observations to decide whether to bring OUI charges against your son. Do they have any other reason to believe your son was OUI at the time of the accident? (Just so you know, if the police do bring OUI charges, the hospital records would likely then be subpoenaed, and the BAC information would eventually be revealed.) However, I simply don't have enough information to know how the police will proceed in this particular matter.