If you have been charged with OUI – Drugs what you need to know is that it is identical to a regular OUI case in respect to penalties and all the elements of the crime except one. I have previously written extensively on the penalties and elements of OUI so I will not repeat them here. When it comes to OUI – Drugs it is all about proving that your ability to drive a vehicle is impaired by marihuana, narcotic drugs, depressant, stimulant substances, or glue vapors. I think most people do not need an explanation on what marihuana or glue vapors are, but depressant, stimulant and narcotic drugs have a specific definition under M.G.L Chapter94C/Section1.
The state's prosecutor must prove that your ability is impaired by one of these items; it is not enough for proof of some form of intoxication without specifically identifying and proving the substance. This element of the OUI-Drugs crime is an area where an experienced defense attorney can find and exploit a defense to the criminal charge of OUI Drugs. The prosecutor will often rely on statements that you made and/or drug items recovered from you or your car. In the case of seized items and statements, experienced criminal defense attorneys, maybe able through a motion to suppress deny the prosecutor use of the items or statements at trial.
However, another way that the prosecutor may precede is through the testimony of a Drug Recognition Expert (DRE). This is a person, usually a police officer, who has been trained to make observations of you at the time of the arrest and then determine what class of drugs that you are under the influence. Essentially, the DRE is making an expert opinion based on his/her training of whether you were under the influence of drugs and if so which general class.
If you were arrested for Operating under the Influence of Drugs and had an examination at the time of arrest by a Drug Recognition Expert then you should call an experienced attorney immediately. The Newton Law Firm has experience handling OUI-Drug cases call today for a free consult.
David C. Newton, Esq.
The Newton Law Firm
Serving Eastern and Northern MA