What Are Your Rights if You Get Pulled Over for Suspicion of OUI in Massachusetts?
Show the Police That You’re Law Enforcement-Friendly By Doing the Following:
- Engage your right turn signal and pull off to the side of the road when it’s safe
- Take the keys out of the ignition and place them visibly on the dash
- Roll the window down half-way
- Place two hands on the wheel so that they are visible to the police
- Respectfully decline to answer any questions and refuse to submit to field sobriety tests (but be prepared for an arrest)
Do I have to take field sobriety tests?
No! You should decline these politely (but be prepared for an arrest).
Do I have to take a breathalyzer test?
No, but be prepared to lose your license for a minimum of 180 days if you refuse.
Do I have to provide my license, registration, and insurance card?
Yes. Be polite and provide them as soon as asked (but not before).
Do I have to get out of my car if asked by the police?
No, unless law enforcement tells you that you’re under arrest.
What do I need to do if I’m arrested for an OUI?
If you are arrested for suspicion of operating under the influence, exercise your right to remain silent. Anything and everything you say during the arrest process may be used to prove your guilt. It’s also important to hire a lawyer. They can advise you on what to do throughout your case.
Can I get an OUI for driving high on cannabis?
Yes. Recreational and medical use of cannabis is now legal, but driving while impaired on cannabis remains a crime. These offenses can be difficult for the Commonwealth to prosecute because, unlike OUI liquor, there is no breathalyzer for cannabis.