If you have been charged with Operating Under the Influence of Drugs, you should speak to an experience OUI Drugs (OUID) lawyer immediately.

Operating Under the Influence of Drugs (OUID)  is a rapidly expanding but often difficult crime for the prosecutor to prove.

In Massachusetts, special laws require additional evidence to be presented in OUI drugs matters which the prosecution usually cannot provide.

It is difficult for the Prosecution to prove these charges at trial without a drug test and expert testimony to interpret those tests before a jury.  At a minimum the Commonwealth would need to present (1) reliable evidence as to the amount or concentration of the drug in the defendant’s system; and (2) expert testimony indicating that the concentration of the drug in the defendant’s system would impair his or her ability to operate a motor vehicle. Commonwealth v. Shellenberger, 64 Mass. App. Ct. 70 (2005) and Commonwealth v. Johnson, 59 Mass. App. Ct. 164 (2003). 

In addition, the Prosecution must identify the EXACT drug by which you are under the influence. In light of the above, this becomes even more difficult.

Often times the prosecutor will attempt to present a police officer that they call a “Drug Recognition Expert” or “DRE” . These police officers have only taken a week long course and then call themselves “Experts”. However, just because they call themselves experts does not mean they are experts at any discipline. When subject to a Voir Dire (preliminary examination or questioning) during a Motion in Limine, by an experienced and skilled defense attorney, their testimony is often excluded.

You need a lawyer who understands every portion of your OUI Drugs case and what the prosecution must prove.

Especially and particularly with OUI Drugs matters because they are often so difficult for the prosecution to prove, you should speak to and Experience OUI drugs lawyer immediately and certainly before you have submitted to any plea deal or admission to this crime.

I have been successfully advocating on behalf of my clients with Judges, prosecutors, probation officers and police officers for over TWENTY-FIVE YEARS, and I would be happy to do the same for you.

If you would like to discuss your case and situation with me pick up the phone and give me a call or contact me via email.