If you have been arrested for operating a vehicle under the influence of alcohol or drugs, it is in your best interest to retain the services of an aggressive and experienced criminal defense lawyer. As is well known, Massachusetts has one of the toughest operating under the influence statutes in the country. In addition, operating under the influence is one of the most politically charged crimes, thus resulting in one of the most aggressively prosecuted crimes, with many potential jurors being pre-disposed to a judgment not beneficial to the client.

In Massachusetts, the law states that an operator only has to have his ability to operate a motor vehicle impaired by the consumption of alcohol or drugs to be guilty. This terminology creates ambiguity within the standard of measure which ultimately leads to jurors being influenced by the subjective opinions of the officer’s testimony.

It is for this reason that an individual charged with operating under the influence of alcohol or drugs needs an experienced criminal defense lawyer such as Attorney Maggiacomo. Attorney Maggiacomo, a former law enforcement officer experienced in giving field sobriety tests, has the ability to elicit the testimony necessary to counter the officer’s testimony.

If you are stopped for operating under the influence of alcohol, you should not answer the officers questions pertaining to whether you have been drinking, what you have been drinking, where you are coming from, where you are going, and how much you have had to drink. In addition, you have the right, and should, refuse to perform field sobriety tests, as well as refusing to take a breathalyzer test. An officer testifying about your statements and your performance of field sobriety tests is often the most damaging evidence against you.

Remember, anything you say and do can, and will be used against you in a court of law. Massachusetts case law supports this premise, holding that an officer does not have to read you Miranda rights before asking you questions about any consumption of alcohol or drugs. It is virtually impossible to suppress such statements after they are made, and, as such, the officer will be able to testify as to your answers.