A Brockton man was arrested for violating the Massachusetts Drunk Driving Laws for the 8th time this past weekend in Avon. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense.
William Doten, 65, was arrested by the Avon Police Department when his pickup truck broke down. When police officers responded to the area, they allegedly detected a smell of alcohol in the vehicle and asked the defendant to exit and perform a series of Field Sobriety Tests, which he allegedly failed.
A 5th or Subsequent OUI / DUI in Massachusetts carries penalties of imprisonment of not less than 2.5 years and up to 5 years in state prison. In addition to prison, a person convicted for this criminal drunk driving offense also faces fines of several thousand dollars; lifetime revocation of his/her driver's license without the possibility of a hardship license; and cancellation of the vehicle's registration plates. The district attorney's office may also seek forfeiture of the vehicle in some cases.
If ever you are pulled over are questioned by the police regarding a possible driving under the influence, it is extremely important to know your rights. For instance, it is your right to refuse the Breathalyzer Test if you choose too, though you should know that there are enhanced license suspension implications if you do so.
Additionally, most people aren't even aware that they also have the right to refuse to submit to Field Sobriety Tests. Most police officers won't even tell you that you can refuse these ridiculous tests. Although statistically they are no better than 70% or so accurate even if performed under ideal conditions, it is extremely rare that the police will even acknowledge that you passed the test at all.
If all else fails and you are ultimately arrested and charged with a Massachusetts DUI / OUI, you should immediately Contact a Massachusetts DUI / OUI Lawyer For a Free Consultation.