Operating Under the Influence of Drugs: Understanding the Charge

The statute that prohibits operating under the influence of drugs is Massachusetts General Law Chapter 90 Section 24. In order for you to be convicted of violating this law, the prosecutor has to prove that you (1) operated a motor vehicle (2) on a public way OR in a place where the public has a right of access OR in a place where the public has access as invitees or lessees (3) while under the influence of marijuana, narcotics, depressants, stimulants, or the vapors of glue. The prosecutor will not have to prove that you actually drove in an unsafe way. He only has to prove that your ability to drive in a safe manner was diminished . If you were on drugs that were prescribed to you, you are entitled to an acquittal if you weren't warned about the use of those drugs and didn't know of the possible effects that they could have on you.

If you have been charged with this offense, you face a mandatory revocation of your license. If you are convicted, the registrar will immediately revoke your license for one year. If within six years of your conviction you had a prior record, your license will be revoked for two years. If your conduct caused the death of another person, the revocation is effective for 10 years. Obviously, you also face stiff prison terms and hefty fines. Therefore, it is imperative that you immediately contact a skilled and experienced OUI defense attorney like Francis T. O'Brien. Attorney O'Brien will aggressively defend you and ultimately get you the best possible results. Call him today at 617-512-0939.