It is a common misconception that an operating under the influence charge must be alcohol related. Alcohol intoxication is but one of the reasons for an OUI. In fact, any kind of substance abuse that causes a person to be intoxicated or high, including controlled substances, prescription drugs, and even some over the counter (OTC) medications can result in an OUI charge.
Massachusetts General Law states “anyone who operates a motor vehicle under the influence of alcohol or marijuana, narcotic drugs, depressants or stimulant substances” is guilty of OUI or DUI. There are two possible penalties listed, one or both of which can be sentenced:
- Fine of $500-$5000
- Jail term up to 2.5 years
Over the years I have encountered a wide range of drug-related charges, including:
- Distribution and Trafficking
- Drug paraphernalia
- Possession & possession with intent to distribute
- School Zone Violations
Defense Against Drug-Related OUI Charges
If you have been arrested for intoxicated driving, you may be able to defend yourself under certain circumstances. For example, your doctor should warn you about any side-effects your prescription medication may cause. An OUI that occurs as a result of your doctor’s negligence to disclose necessary information may enable you to fight your charges. If you are in a similar situation, get legal representation from an experienced, knowledgeable Boston OUI attorney right away!