East Boston OUI Lawyer
In East Boston, “drunk driving” offenses are investigated by the Boston Police Department. These cases will typically start during a traffic stop by a uniformed police officer, which will then lead to a formal OUI investigation. In Massachusetts, it is illegal to operate a car while intoxicated. Commonly known as “drunk driving,” the crime is specifically called Operating a Motor Vehicle Under the Influence of Alcohol or Drugs. Also known more simply by it’s acronym: “OUI.” In other states, this offense may be known as driving under the influence (DUI), or driving while intoxicated (DWI).
If you are charged with driving intoxicated by police officers in East Boston, Massachusetts, your case will be prosecuted by the Suffolk County District Attorney’s Office in East Boston District Court. The prosecutor will have to prove the matter beyond a reasonable doubt - and to do that, he must establish three elements of an OUI offense:
- That you were “operating” a motor vehicle (also known as a car). Although most people assume this means only driving, you can also be charged with operating under the influence in East Boston District Court where you have started the car from the driver’s seat, or are in a position to operate the vehicle.
- Your motor vehicle or car is on a “public way.” This means that your car is on a public street, and not a private property. The definition of “public” versus “private” can be technical, and an experienced OUI attorney will be able to navigate these issues successfully.
- You have a breath or blood alcohol concentration (BAC) of over 0.08; OR your ability to operate a motor vehicle has been impaired by the consumption of alcohol. As we all know, alcohol affects different people in different ways. The type and quantity of alcohol, the time in which it was consumed, the physical stature of the person drinking it, and the tolerance of each unique person all play a role in BAC versus impairment. In other words, some individuals can not feel “drunk” or exhibit physical signs of impairment at a BAC of 0.08, while others may show significant signs of impairment well before reaching the legal BAC limit. As with all issues related to drunk driving, or operating under the influence, experienced defense counsel can help you navigate these issues if you are charged in East Boston District Court.
Finally, the prosecutor may allege aggravating factors that can increase the penalty for an OUI offense. This includes drunk driving that causes death or serious bodily injury, or previous convictions for OUI offenses. These allegations must be proven by the prosecutor with evidence submitted to the judge or jury in East Boston District Court.
The East Boston Division of the Boston Municipal Court, also known as the East Boston District Court, handles all criminal matters arising out of the municipalities of East Boston and Winthrop, as well as Logan Airport, and the Sumner and Callahan Tunnels. The court is located in Suffolk County, and is one of many district courts serving the county. The East Boston Division Courthouse is situated at 37 Meridian Street, East Boston, Massachusetts, 02128.
The East Boston District Court is busy - with two to three judges sitting and hearing cases at a time. On average, thousands of criminal and civil cases are heard in the courthouse each year. The docket moves quickly, due to the large caseload. If a matter is tried to a jury, that will also occur in the court there in East Boston.
Criminal cases, including operating under the influence, are prosecuted in the East Boston District Court. These matters are handled by attorneys with the Suffolk County District Attorney’s Office. This office aggressively prosecutes criminal matters, including drunk driving cases.
Attorney Michael DelSignore has represented numerous individuals charged with a Massachusetts’ OUI in East Boston and will completely review your case to determine the strengths and weaknesses of the Commonwealth’s case to assist you in deciding how to proceed in court. You can call him directly at 781-686-5924.