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Holiday OUI / DUI’s

CopCar-NightHoliday OUI/DUIs are all-too common. A recent study reported that OUI’s jump 54% on Thanksgiving, making it second only to New Year’s in terms of OUI/DUI arrests. It is important to be aware that police will be on the road looking for violators, there could be roadblocks and other police traffic stops on the roads. During holidays, as on all days, it is important to be safe, and know the potential consequences of drunk driving (OUIs).

As a result of the high number of New Year’s OUIs, some cities and towns are offering free cab rides to residents in an attempt to reduce the number of OUIs on New Years.

Massachusetts Laws are Strict

Massachusetts laws are among the strictest in the country when it comes to alcohol related offenses. The legal limit for alcohol consumption in Massachusetts is 0.08%. However, you can be found guilty of OUI in Massachusetts if your blood alcohol level is .08 or higher OR if it can be shown that your ability to operate a motor vehicle safely was impaired. This can be proven with evidence about how you were driving, the odor of alcohol, the field sobriety tests, or many other factors.

Take the Breathalyzer?

You should also be aware that there are increased penalties for refusing to take a breathalyzer or blood test. If you refuse the breathalyzer or refuse the field sobriety tests, not only can the results not be used against you, but the fact that you refused the tests also cannot be used against you in Massachusetts (in some states, a refusal can be used as evidence or can even result in a separate criminal charge with separate penalties). Breathalyzer refusal in Massachusetts does, however, carry a license suspension. (Read more about License Suspension for OUIs).


In Massachusetts courts determine sentencing by considering past OUI convictions including all final dispositions such as plea of “Continued Without a Finding”. Any and all convictions will be considered should you have a second offense. Massachusetts laws are among the strictest in the nation when it comes to alcohol related offenses. You should also be aware that there are increased penalties for refusing to take a breathalyzer or blood test.

If you are facing criminal arrest or potential criminal charges for DUI/DWI/OUIs (also known as driving under the influence, operating under the influence, or drunk driving) you will need knowledge and skilled legal representation.

If you are being charged with OUI (drunk driving, DUI), contact us today for a free consultation.

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I thought I was going to lose everything I had until that first court hearing in probate court. The judge immediately agreed with Ed’s arguments and the next week, Joe had the restraining order dismissed. I was seeing my kids again inside two weeks and could not have been any more pleased with their response. They made a very bad situation much easier to deal with. K.B.
The firm of Eisenstadt, Krippendorf and Galvin worked with us in a highly professional and attentive manner in tending to our legal needs. They made themselves available at any time to answer questions, give guidance and advice, which gave us comfort that they were extremely focused on the tasks at hand. It’s very reassuring to have a firm you can trust and rely on. William C.
The team at EKG recently represented us in a case and the entire process from beginning to end was seamless thanks to the team’s knowledge, professionalism, and proactivity. All my family’s questions and concerns were thoroughly answered by the partners and they were always to discuss things in person or via phone. It’s a rarity to find such a hands on and thoughtful team, and not surprisingly we had a successful outcome in our case. Nicholas G.
Ed is one of the best criminal defense attorneys in the Boston area. My best friend had recommends Ed Krippendorf as one of the best Criminal defense attorney to represent my case. He was very thorough and at every step, explained everything and was honest about the possible outcomes. Thanks to his excellent legal skills, my case ended with the very best outcome and I can move on with my life. Massachusetts Client
Our family would like to offer our experience with Attorney Edward Krippendorf, his associates and office staff. We would like to point out that we have no relationship to him or had any knowledge of this attorney prior to our need for one. My review will seem biased because “He is just that good” and we wanted to qualify this review.That being said we faced a serious crisis where an attorney was needed and Mr. Krippendorf fell in to our lap so to say. Jeanne T.