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Drunk to stay warm defense works against drunk driving charge

A Missouri man whose car slipped off an icy road had to wait two hours before emergency workers arrived to help him. When police arrived they found him intoxicated. A jury found him not guilty based on his testifying that he did not drink alcohol before driving but only after he slipped off the icy road and was waiting for help. He drank to keep warm until help arrived.

In Massachusetts the Commonwealth to prove operating under the influence, or OUI, (DUI), has to show that you were impaired by alcohol and were driving on a public way while impaired. Usually this evidence comes in the form of a police officer observing how a suspect was driving, then pulling the person over and testifying to how that person appeared, smelled, acted and what he said during the stop and field sobriety tests. It is not usual for such a long period of time to pass between an accident and when help arrives that a person can claim that the act of drinking took place after the accident while awaiting the police.

An experienced boston criminal lawyer who is familiar with what to look for and knows how to fight operating under the influence (OUI) charges or drunk driving charges should be consulted as soon as possible after being arrested. A second offense OUI and third offense OUI carry heavier sentences and carry the potential of jail if convicted. Massachusetts has a stepped approach to drunk driving where every new offense a person faces carries a longer and longer mandatory jail sentence. Drunk driving charges carry minimum mandatory sentences in jail when you start facing 3 or more convictions.


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Frank Fernandez is an experienced criminal lawyer in boston who knows how to challenge identification procedures involved in cases of Home Invasion, Armed Robbery, Armed Assault to Murder and other Crimes of Violence. Please call or e-mail to schedule a Free Confidential Consultation and discuss your specific case with a Boston Criminal Lawyer, Contact Us Online or call 617-393-0250.

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