Blue Lights, Big Decisions: How to Handle an OUI Stop in Massachusetts

The flash of blue lights in your rearview mirror. The sudden surge of adrenaline. Those first few seconds of an “operating under the influence” (OUI) traffic stop in Massachusetts can feel like an eternity, and what you do next matters more than you might think. Whether you’ve had a drink or none at all, knowing your rights and responsibilities during these crucial moments can mean the difference between a routine traffic stop and life-altering consequences. At Lane Law Office, Attorney Lane educates his clients on what to expect, what to do (and not do), and how to protect your rights while cooperating with law enforcement.

The Initial Stop

When you see police lights behind you, safely pull over to the right side of the road as soon as possible. When stopping:

  • Signal your intention to pull over
  • Choose a safe location, ideally well-lit if at night
  • Turn off your engine
  • Place your hands on the steering wheel where they’re visible
  • Turn on your interior light if it’s dark

Interacting with Law Enforcement

Your behavior during the initial interaction can significantly impact the situation:

  • Remain calm and polite, but remember you have rights
  • Keep your movements slow and deliberate
  • Only reach for documentation (license, registration, insurance) when specifically requested
  • Avoid sudden movements that could be misinterpreted

Your Rights During an OUI Stop

Massachusetts law provides specific rights during an OUI stop that you should understand:

  1. The Right to Remain Silent: You aren’t required to answer questions about where you’ve been or whether you’ve been drinking. You can politely decline to answer these questions without explanation.
  2. Field Sobriety Tests: You have the right to refuse field sobriety tests (walking in a line, standing on one leg, etc.) without legal penalty. While refusal can be noted in court, there is no automatic license suspension for declining these tests.
  3. Portable Breath Tests: You can refuse roadside preliminary breath tests without automatic penalty. These differ from the official breathalyzer test at the station.
  4. Chemical Tests: Under Massachusetts’ “implied consent” law, refusing the official chemical breath test at the police station will result in automatic license suspension, but this is a separate decision from roadside tests. The decision to take or refuse a chemical breath test is complex and depends on your specific situation. Refusing the test results in an automatic license suspension: 180 days for first offense, 3 years for second offense, 5 years for third offense, and lifetime for fourth offense. However, this refusal cannot be used as evidence of guilt in court. If you take the test and fail (0.08% or higher), you’ll face a 30-day license suspension, and the results can be used against you in court. In general, Lane Law Office advises clients to refuse tests when the danger exists of providing evidence of alcohol consumption that a jury will be permitted to consider. Even test results below 0.08% may expose a driver to charges of impairment. 

If You’re Arrested

If arrested for OUI in Massachusetts:

  • Clearly state that you wish to exercise your right to remain silent
  • Request an attorney and don’t answer questions without one present
  • Do not resist arrest or argue with officers
  • Remember everything that happens for later discussion with your attorney
  • Take mental notes of timeline, officer behavior, and witness presence

Documentation

If possible, try to document or remember:

  • The exact location and time of the stop
  • Weather and road conditions
  • Any witnesses present
  • Officer names and badge numbers
  • Any unusual circumstances or behavior

After the Stop

Whether released or arrested:

  • Write down everything you remember as soon as possible
  • Gather contact information for any witnesses
  • Preserve any relevant evidence (receipts, security camera footage, etc.)
  • Contact an attorney experienced in Massachusetts OUI law
  • Don’t discuss the incident on social media

Prevention

The best way to handle an OUI stop is to avoid one entirely:

  • Never drive after drinking
  • Use ride-sharing services, taxis, or designated drivers
  • Be aware that certain medications can impact driving ability
  • Keep your vehicle properly maintained to avoid giving cause for stops

Wrap-up

While this guide is informational only and should not be considered legal advice, the guidelines are important during a traffic stop. Each situation is unique, and the best course of action may vary based on specific circumstances. Remember that the safest approach is to never drive while under the influence of alcohol or drugs. The potential consequences – from legal penalties to risking lives – far outweigh any temporary inconvenience of finding alternative way to get home.