OUI and Gun Possession

It is never a good idea to mix alcohol and firearms.  It is even worse when you mix the two while driving your vehicle in Massachusetts.  M.G.L c. 269 §10H states that “[w]hoever, having in effect a license to carry firearms … carries on his person, or has under his control in a vehicle, a loaded firearm, …, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.”

Additionally, the same standard for “under the influence” is used for both the Operating under the Influence of Intoxicating Liquor crime and Possession of a Firearm while under the influence crime.  In these cases if the prosecution can prove you where under the influence chances are they have proven the all the elements of both crimes.  Although, the prosecution may have other issues of proof such as was the accused driving on a public road for the OUI charge or proving that the accused knew the firearm is in the car often the under the influence is the most difficult element to prove.

In the linked article several factors will play into the Marblehead school official's case if it goes to trial. The accused refused to take the field sobriety and breathalyzer tests and this will deny the prosecution critical evidence.  However he did various other things that will play an adverse role in any future trial.   It is critical to engage an experienced attorney early.  The Newton Law firm has years of experience in handling criminal matters, CALL TODAY for a free consultation.

David C. Newton, Esq.
617-466-6068