Operating Under the Influence of Drugs
In Massachusetts and elsewhere, it is a criminal offense to drive while under the influence of drugs. This includes marijuana and glue as well as harder drugs like cocaine, heroin, and certain prescription depressant or stimulant drugs. In this context "under the influence" basically means one took enough to reduce his or her ability to drive safely. Charges of OUI drugs involve the effect on ability to drive, not necessarily one's actual driving. In other words, a person can be convicted of OUI drugs even if he or she wasn't actually driving in a way that was unsafe, as long as it is proven beyond a reasonable doubt that he or she had a reduced ability to safely drive.
Many OUI drugs cases involve operating under the influence of marijuana. As some may know, Massachusetts has decriminalized possession of an ounce or less of marijuana. It is important to remember, however, that even though possession of small quantities has been decriminalized, it is still a crime to drive under the influence of marijuana. Police cannot rely on the odor of burnt marijuana to support a reasonable suspicion that one simply possessed more than an ounce of marijuana. However, police may still be able to rely on a burnt marijuana smell to support reasonable suspicion that one was driving under the influence of marijuana. Because OUI drugs charges involve complex issues, it is important for those accused to speak with a knowledgeable attorney.
It is not uncommon for persons to be charged with both OUI drugs and an underlying drug crime, such as possession, possession with intent to distribute, or distribution. Persons in such circumstances should speak with a lawyer who has experience in drug crimes defense as well as OUI defense. Attorney Wheeler is one of the best drug crimes lawyers in Massachusetts.Law Office of Robert J. Wheeler, Jr. (617) 973-5858
Robert J. Wheeler, Jr. is a Boston criminal attorney with more than 30 years of experience in OUI drugs defense and defense of all other crimes. Robert Wheeler appears in all Massachusetts courts, protecting his clients' rights at every stage of the process. If you would like to speak with him about any criminal matter, dial (617) 973-5858 today. You can reach Attorney Wheeler's office at any time, 24 hours a day and 7 days every week. If preferable, you can send Robert Wheeler an e-mail about your case. All information provided is kept strictly confidential.