If you are wondering if OUI (Operating Under the Influence) is similar to DUI (Driving Under the Influence) and DWI (Driving While Intoxicated), then here it is. They are similar but technically different and are known variously in different states.
Having alcohol content in blood higher than .08%, you can get convicted with OUI. No matter it was your first offense, but you will be liable for huge penalties. Suppose you refuse to take a breath test. In that case, you will be charged with OUI based on a cop’s testimony about your appearance, driving, behavior, test performance to determine sobriety, and other factors.
The primary element is “operating” and not in the usual senses. Suppose you are seated in your car with the key in the ignition and radio on, it will be considered an operation in Massachusetts. Even if the car is off, and the vehicle is not running, it will be considered as an operation.
If someone is too drunk to drive and may park the car on a side and sleeps with the heater or radio on, they can be charged with an OUI.
Contact a lawyer no sooner you get convicted with an OUI in Massachusetts so that your legal expert can understand the situation under which you are convicted and can build a strong defense to save you. It is suggested to hire experts with years of experience and a good reputation who can successfully help you.
So what is OUI or operating under the influence exactly?
The term “operation” is different from “driving,” as it may include any kind of activity while under the influence of alcohol. A person may not be arrested in a DUI state if they sleep in the vehicle on the roadside with keys in the ignition. If a person sleeps with the keys removed from the ignition, they are liable for getting convicted under the laws related to Operating Under the Influence.
Defense against Operating Under the Influence
Now you have a clear idea about the crime under Operating Under the Influence and the situations when you may get convicted. To come out of the shackle of legal processes, you will need a lawyer who has a thorough understanding of the twists and tangles of the law.
Either you may be pulled out, and field sobriety tests are conducted on you, and you are found positive, and it is found that the police’s findings were correct. In certain scenarios, it may be found that one or two steps are exempted, and you are charged on faulty grounds to start with. In some other cases, a person is stopped by police for driving under the influence but violated the proper procedure and upholds the person’s rights.
No matter under whatever reason you have been stopped by the police with, and based on the tests coming positive you get arrested, it is the ultimate goal of a legal practitioner to confirm that your rights are not abused and that the state adheres to the constitution as well.
Hire a reputed attorney to help you
Sometimes mistakes happen, and other times this is done intentionally. However, you will need legal options to come out of the trouble. A lawyer will gather information about the situation and help you in case you are charged with an OUI.
The sooner you consult an expert lawyer, the better and faster results you will get.
Hire a reputed and experienced lawyer to get positive outcomes in the least possible time required.