My post today requires an important caveat at the start. It concerns Massachusetts drunk driving charges – and I want to be very judicious and careful in writing this material. I don’t want my readers to take away the wrong message from it. So I will reiterate what I have said many times before, in writing and in comments to the media: Drunk driving, driving while intoxicated, driving while impaired, or any of several other terms of art commonly utilized to describe driving drunk or drugged, is NOT “okay.” It is NOT acceptable. And in my view as a Massachusetts OUI defense lawyer,aside from important legal issues, it is not morally acceptable to knowingly drive while drunk or chemically impaired. To do so while knowingly impaired, can be the moral equivalent of saying, “Yes, I could kill someone with this one-ton construction of steel and glass, but I don’t care – I’ve got someplace to go.”
Thus, I want to be very judicious here, and not send the wrong message about drinking and driving being in any way “okay.” However, it is also a very important fact that many, many people are stopped and arrested by Massachusetts police departments every month and year, and charged with drunk driving when they were not legally drunk at the time they were arrested. Every defendant accused of a crime deserves a vigorous and zealous defense, and that includes such drunk defendants, as well.
At this time last year, I wrote of how a dedicated group of Massachusetts criminal defense attorneys had exposed a cover-up involving defects surrounding the most common breathalyzer machine used by the majority of Massachusetts Police Departments. The cover-up wasn’t initiated or participated in by any of the state’s 11 District Attorneys’ offices across Massachusetts. Ultimately, it turned out that the Massachusetts Office of Alcohol Testing (OAT) was responsible for attempting to cover-up widespread failures of the Drager 9510 Breathalyzer, which has been the most commonly used breathalyzer in Massachusetts for several years. The story broke in 2015, when the Massachusetts Executive Office of Public Safety office first acknowledged that “some” breathalyzers were flawed.