Massachusetts Legal Developments Blog

Drunk Driving Accidents and Arrests

With the winter months behind us in the Commonwealth and warmer weather approaching, more folks will be coming out of hibernation to enjoy the spring and summer weather in Massachusetts. Spring and summer means more people will be on the road, and also that the chances of being involved in a drinking and driving accident increase significantly.

What Should You do After a Car Accident with a Drunk Driver?

If you have been in an accident, make sure you are physically safe and out of danger. If your car can be moved, drive it to the shoulder of the highway. If you are hurt, take care of any wounds or injuries. Call 911 to get medical help, if necessary.

If the other driver is coherent, get his or her insurance, license plate number, and other personal information. If other people witnessed the accident, ask for their contact information. If you are injured in the accident or the other driver is intoxicated, call your local law enforcement immediately.

Collect and save evidence by taking pictures of your injuries and damage to the cars involved in the accident. Contact a reliable attorney who can explain your legal options.

What Should You do if You are Pulled Over for Drunk and Driving?

If your are being pulled over by a police officer while driving, drive your car off the road and and to a safe stopping location. One of the first things the arresting officer will do is observe your behavior and actions. Your behavior will be documented in his or her report, which may impact your case. The officer will make a mental note of how you drove your car off the road. If you are driving erratically, it will be noted on the police report.

Officers are trained to be aware of their surroundings to keep themselves safe. They will usually approach a vehicle from behind to have a clear view. They will be closely watching you. Therefore, make sure you do not make any sudden or suspicious movements that will make them think you are dangerous. Keep your hands on the steering wheel at the 10 and 2 o'clock positions.

Always treat the officers with respect and follow their instructions without protest. If you are hostile and angry, the officers will likely put that in their report, and it will not look good for you. Plus, an impolite driver is more likely to be arrested. If a police officer asks you to step out of the car, you should comply with the request. If you avoid getting out of the car, you might be charged with resisting arrest.

Do not incriminate yourself. You do have to give your name, license, and registration to the police officer. However, you do not have to answer any potentially incriminating questions. You can tell the officer that you have been advised not to answer any questions without the presence of your attorney. Do not lie; honesty is always the best policy, especially in a situation like this.

In Massachusetts, the law requires you to take a breath or blood test when you are arrested for an OUI/DUI. The Commonwealth has an implied consent law, which means that if you refuse to submit to a chemical test, you will receive an automatic license suspension.

When you are released, you should try to remember everything that happened, so you can tell your attorney, and he or she can help you with a defense strategy. You need to recall where you were and what you were doing prior to the arrest. You need to note how much you had to drink and how long it was been prior to your arrest. You should remember what the arresting officer said and how he or she treated you during the incident. Remembering this information can greatly impact your case in court.

If you have been arrested for drunk driving or caused an accident while driving under the influence, you need to contact a criminal defense attorney. The consequences can be devastating and costly. Boston Criminal Defense Attorney, Edward Molari can provide you with legal advice that may help reduce the punishment or lessen the charge. He cares about your situation and provides personalized legal services in every case. Contact Attorney Edward Molari at 617-942-1532 for a free consultation.