According to the National Highway Traffic Safety Administration (NHTSA), about 40 percent of traffic deaths in America involve alcohol. Because it is quite rightly seen as a major threat to public safety, state and local governments have instituted the toughest drunk driving laws in history in recent years. One such law aims to eliminate any excuses, exemptions, or loopholes that motorists might otherwise try to hide behind in an attempt to escape a DWI charge.
What Is OUI?
One state made headlines when it switched from the standard DUI and DWI laws to the much stricter OUI statutes. Short for operating under the influence, OUI need not include the actual operation of a motor vehicle – which is what distinguishes it from DUI or DWI. Under those laws, a person must be driving under the influence to be charged with a crime. But under OUI standards, a driver can be arrested even if the keys are merely in the ignition. When this happens, they should contact an OUI attorney as soon as possible.
The Rationale
The reason the Bay State made the switch to operating under the influence laws is because far too many repeat offenders were driving drunk without facing any consequences. Many of them would operate a motor vehicle while over the legal limit and then proceed to pull off the road when they discovered they were too inebriated to drive. When police then found them drunk in their parked vehicles, they could not arrest them even though they had broken the law only minutes earlier. This loophole gave criminals the right to decide when and where they could drive drunk without having to contact an OUI attorney. Operating under the influence laws eliminated this exemption by giving officers the ability to arrest anyone who is found under the influence of drugs or alcohol in a car that has the keys in the ignition.
Call An Attorney
If you were stopped for operating under the influence, you should contact a reputable lawyer as soon as possible. A guilty verdict or plea for this serious crime can carry harsh penalties and fines, including mandatory jail time. But just like a DUI or DWI charge, there are ways to defend yourself from wrongful prosecution.
Defense Strategies
The first thing your OUI attorney will do is review the police report to determine if the officer followed proper procedure. If the policeman skipped a step or failed to inform you of your rights, the case will almost certainly be dismissed because of improper conduct. The same could be said if the police pulled you over for no specific reason.
Whether you were stopped while driving or by the side of the road, the prosecution must also establish that you were, in fact, inebriated. Simply smelling alcohol or empirically judging intoxication levels is rarely enough to clear this first hurdle. As such, your lawyer may make a motion to dismiss the charges if intoxication cannot be proven to a reasonable degree.
An experienced OUI attorney can help you protect your rights if you are charged with operating under the influence.