Legal Question in Criminal Law in Massachusetts

: DUI in Mass

The short answer is the officers have some discretion. If they have probable cause to believe that you are impaired, the arrest is ok.

If you need assistance, contact me.

Re: DUI in Mass

It depends on what they observed from the time they said you could go home until they made the arrest. Were they with you the entire time? What was hapening during that timeframe? Were you speaking to them?

Depending on what the police report says, the situation you've described will probably provide a very strong and compelling defense. It defies common sense to suggest that you were not "arrest-able" for OUI when they pulled you over, but then later became "arrest-able" over time, when no one came to pick you up. I think a jury would have a hard time convicting for OUI in this scenario. And the jury would likely sympathasize with you and find fault with the conduct of the police. They appear to have done what was most convenient for them, not arrested you because you were OUI.

It often makes sense to try OUI cases to a jury because the DA won't give worthwhile plea deals, especially first offenses. And also in cases, like your appears to be, with good "jury appeal" and prospects for success.

Do you have prior OUI offenses? And what is your prior criminal history, if any?

I used to prosecute OUI cases, which provides a real advantage when defending them. Feel free to contact me with answers to the questions I've asked, or for a free in-person consultation regarding your case.

Re: DUI in Mass

Now the government must prove their case.