An arrest for operating under the influence of alcohol (OUI) raises a number of questions. Attorney Crouch attempts below to answer five of the most often asked questions.

"If I am stopped while driving and the police ask me to perform field sobriety tests, what should I do?"

While the police will inevitably ask you to perform the tests, you should always refuse to perform them. If you have been pulled over under suspicion of operating under the influence, even perfect performance on a field sobriety test will not convince an officer of your sobriety. You have the right to refuse the tests and your refusal cannot be used against you at trial or in any subsequent proceeding (including RMV hearings).

"Should I submit to the breathalyzer test?"

There is no easy answer to this question, and many attorneys disagree about the "right" answer. The truth is, there is no right answer. The answer depends upon the number of drinks you have consumed that day, the time period of consumption, your relative size and weight, among many others.

Contrary to popular opinion, breathalyzers are flawed machines that defense attorneys regularly attack during OUI trials. A skilled defense attorney can challenge poor test results, but only within a certain range. If you have had several drinks during a short period of time, or believe your blood-alcohol level will be considerable, it might be a better choice to refuse the test.

What is known, however, is the result of refusing a breathalyzer. If a driver refuses to take such a test, he has violated a Massachusetts implied-consent law, and his or her license will automatically be suspended for 180 days for his first refusal offense. Massachusetts recently changed its laws with respect to penalties for refusing the breathalyzer test. Please see Attorney Crouch's update on the new laws for more information. This disposition can also be challenged by your attorney at an RMV hearing. With all considerations in mind, the final decision whether to submit to a breathalyzer test is ultimately yours to make.

"What happens if I fail the breathalyzer test?"

In Massachusetts, a driver is presumed to be operating under the influence of alcohol if he has a .08 percent blood alcohol content (BAC). In Massachusetts, however, this is not proof that you are intoxicated but rather is a presumption of that fact your attorney can rebut in court.

If you submit to and fail the breath test by registering a blood alcohol concentration of .08 percent or above, the police will confiscate your license and it will be suspended for 30 days. At that time, the police will provide you with a temporary license. On the expiration of that short license, your right to operate a motor vehicle will be suspended until the conclusion of the applicable suspension. It is highly important that you secure an attorney who can protect your rights to an RMV hearing and who can help you protect your right to drive.

"Can any lawyer handle an OUI case?"

While any skilled lawyer with enough time to familiarize himself with OUI law can do a passable job, it is always preferable for a client to seek counsel with experience in OUI matters. While hiring a lawyer to defend you against an OUI case is not inexpensive, it should be considered an investment in your future. An experienced, skilled attorney can help protect your rights, fight to demonstrate your innocence, and help secure a disposition that may save you thousands of dollars in increased insurance costs.

Above all else, it is important that you seek out an attorney who will fight to demonstrate that you are not guilty of OUI, and not simply seek to plead you out at the first meeting with the prosecutor. Such an attorney will conduct a thorough investigation of your case, consider all possible defenses, and then fight to protect your rights and advocate on your behalf.

And remember. You should never plead guilty or admit to a crime without consulting with an attorney. It almost never helps you to speak with police officers about your case outside of the presence of your attorney. Any loose conversations can and will be used to prove your guilt.

"How do I protect my driver's license?"

It is crucially important that you contact a lawyer immediately after your arrest. After your arrest, the police will confiscate your license and issue you a temporary license. From that point, you have only 30 days from the date of your arrest to appeal your license suspension. Failure to do so will result in the suspension of your license.

Your attorney will represent you at an RMV hearing, and then at any subsequent appeal hearings.