Operating a Motor Vehicle Under the Influence of Alcohol or any other substance is found outside the general criminal code, in Massachusetts General Laws Chapter 90. Chapter 90 are the laws regarding the operation and licensing of motor vehicles, and the crime of OUI.
The law in this area changes quickly and is in very active litigatio. Most recently, the use of breathalyzers was challenged in Commonwealth v. Camblin I & II, providing relief from Breathalyzer results in many cases. This important development has meant the Commonwealth is often left with far less reliable so-called Field Sobriety Tests.
The impact of an OUI conviction can be devastating leading to loss of licenses and substantial fines, which in turn can mean loss of a job. Attorney Fogarty has helped many resolve these matters in a way that kept their license and job.