OUI (Operating Under the Influence)

What We Do for OUI

Attorney Patrick M. Gioia has tried OUI cases in Massachusetts for several years and has achieved measured and sustained success in the courtroom on such matters. He has an in-depth knowledge of the relevant case law and trial strategies, including in the areas of: operation, public way, breathalyzer tests, accident reconstruction, field sobriety tests, scene investigation, witness preparation, and cross examination of police officers. Attorney Gioia also advises his clients on potential collateral consequences related to OUI, including license suspension. If you are charged with OUI call, text or email today for trusted advice and counsel you can depend on.

What is OUI (Operating Under the Influence)?

It is not illegal to drive after consuming alcohol as long as the operator is not under the influence of alcohol. However, neither does someone have to be intoxicated to be under the influence of alcohol. A person is under the influence of alcohol if he or she has consumed enough alcohol to reduce his or her ability to operate a motor vehicle safely, by decreasing his or her alertness, judgment, and ability to respond promptly. It means that a person has consumed enough alcohol to reduce his or her mental clarity, self-control and reflexes, and thereby left him or her with a reduced ability to drive safely. The Commonwealth is not required to prove that the defendant actually drove in an unsafe or erratic manner, but it is required to prove that his or her ability to drive safely was diminished by alcohol. See Commonwealth v. Colturi, 448 Mass. 809 (2007); see also Massachusetts Model Jury Instructions, 5.310 (2019).

Attorney Patrick M. Gioia has tried OUI cases in Massachusetts for several years and has achieved measured and sustained success in the courtroom on such matters. He has an in-depth knowledge of the relevant case law and trial strategies, including in the areas of: operation, public way, breathalyzer tests, accident reconstruction, field sobriety tests, scene investigation, witness preparation, and cross-examination of police officers. Attorney Gioia also advises his clients on potential collateral consequences related to OUI, including license suspension. If you are charged with OUI call, text or email today for trusted advice and counsel you can depend on.

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