Frequently Asked Questions: Criminal Law
Answers to questions about criminal law:
- Is an operating under the influence (OUI) charge considered a misdemeanor or felony in Massachusetts?
- Is it illegal in Massachusetts to operate a motor vehicle after consuming alcohol?
- What must the Commonwealth prove if I am charged with OUI?
- What is the standard or burden of proof in an OUI case?
- How does the Commonwealth attempt to prove an OUI charge?
- Should I consent to a breath test if I’m stopped for an OUI?
- If I refuse to take a breath test, is it evidence that can be used against me?
- Are there penalties for refusing to take the breath test?
- If I fail the breath test, what happens to my license?
- Does an OUI defendant have to testify at trial?
- Do I have to take the field sobriety test?
- If I fail a field sobriety test, is that sufficient evidence that I am under the influence?
- What are the penalties for conviction of an OUI?