Massachusetts DUI Lawyer Blog

In my work as a Massachusetts drunk driving criminal defense attorney, I regularly counsel clients involved in DUI cases with multiple charges. A case involving an alleged illegal immigrant charged with drunkenly crashing his car into a state representative's vehicle promises to be especially complex. The driver, Isaias Naranjo, 27, of Waltham, will not only have to defend himself against several serious charges stemming from the injury-causing accident, but will also have to deal with U.S. Immigration and Customs Enforcement (ICE).

The accident occurred at Birmingham Parkway and Lincoln Street in Brighton at 2:40 a.m. on May 20. Naranjo allegedly was driving around 60 mph when he rear-ended state Representative Michael Moran's car and then got out of his car and ran away down Birmingham Parkway. A taxi driver witnessed the crash and chased after Naranjo in his cab, caught up with him and held him on the curb until police arrived. Naranjo was lying on the ground when police approached him, and they described his speech as "incoherent and slurred," his eyes as extremely glassy and bloodshot, and his breath as smelling strongly of alcohol. He admitted to having consumed alcohol that evening, but said he didn't know how much. He was unable to stand up for field sobriety tests, and blew a 0.25 BAC on a breathalyzer test. Boston EMS examined him and said he was fine.

Unfortunately, those in Rep. Moran's car did not fare as well. State police escorted Rep. Moran to St. Elizabeth's Medical Center, where he checked himself into the emergency room with unspecified injuries, and a passenger in Moran's car went to Beth Israel Hospital in an ambulance because of abdominal and lower back pain. State police arrested Naranjo and charged him with leaving the scene of a motor vehicle accident with damage; a marked lanes violation; speeding; leaving the scene of a motor vehicle with personal injury; operating a motor vehicle while under the influence of alcohol causing serious injury; and unlicensed operation of a motor vehicle. In addition, ICE has filed a detainer on Naranjo, which means the agency believes he has violated an immigration law. The detainer allows ICE to pick him up to start deportation proceedings after he has served any sentence.

Read article: State rep's car rear-ended by drunk driver

There have already been a lot of strong opinions expressed in the press about this incident because of the political figure involved and the immigration status of the defendant. In addition to an immigration attorney, I hope that Naranjo has an experienced Massachusetts OUI defense lawyer, because he is going to need all the help he can get to receive fair treatment under the law. Illegal immigration is a hot-button political issue, which could bias potential jurors against Naranjo, even though his OUI case is unrelated to his deportation case. An experienced attorney should move to keep that information from being admitted in the drunk driving case, giving Naranjo a better chance at a fair trial.

Continue reading "State House Rep Rear-Ended by Drunk Driver Embroiled in Immigration Woes" »

Recent articles from across the nation show a disturbing trend of allowing police to forcefully draw blood from drivers suspected of being drunk. In April, the Missouri House passed a bill allowing police in that state to draw blood without a warrant, and the Illinois legislature was considering a bill to streamline the process for obtaining warrants for forced blood draws. As a Massachusetts drunk driving defense lawyer, I think it's important to fully think through the consequences of laws like this before enacting them.

Legislators and law enforcement personnel feel that the prospect of a forced blood draw will deter drunk drivers. "People will not drink and drive if they think they'll have a needle stuck in their arm," said Kane County (Ill.) State's Attorney John Barsanti. The Illinois Secretary of State's Office reports that about 40% of the 50,000 people charged with drunk driving in that state each year won't submit to a Breathalyzer test, and many drivers also refuse officers' requests for blood and urine samples. State laws often repay drivers who refuse to take a breathalyzer test by suspending their driver's licenses, as Massachusetts does. But the lack of evidence in cases where drivers refuse to provide chemical samples makes it harder for the state to convict drivers of drunk driving. So it's understandable that the state would see forcibly taking such evidence as a good solution to increasing their drunk driving conviction rate.

However, in my view as a Massachusetts OUI defense attorney, forcibly taking blood from drivers by the side of the road presents several legal and medical problems. The Supreme Court ruled in Schmerber v. California in 1966 that forcibly taking blood does not violate someone's right against unreasonable searches and seizures or forced self-incrimination, even without a warrant. Even though the Schmerber court never truly addressed the case's Fourth Amendment issues, this ruling remains the law of the land. But importantly, a physician was the one drawing the suspected drunk driver's blood in that situation. Medical professionals spend many hours learning how to draw blood correctly. Police officers do not get that training, because it's not part of their job -- and occasionally, that lack of training causes medical problems. There has already been at least one claim that a suspect suffered persistent infection at the site of a blood draw performed by a police officer. There could also be harm to suspects who, for example, have severe hemophilia and cannot stop bleeding once their vein is punctured. A medical professional would know how to handle a situation involving this kind of special medical need, but a police officer with minimal training might not. So the practice of forcible blood draws could put suspects at unreasonable risk of harm.

Forcible blood draws also don't even necessarily solve the state's evidence problems. The blood test may be a more reliable indicator of blood-alcohol content than breathalyzer test results, but that's only if the blood test procedure is followed exactly. Blood testing kits may not work correctly if they aren't stored at the right temperature, so they can yield inaccurate results. Plus, the skin needs to be cleaned before a needle can be used to draw blood, but both alcohol and iodine, which are commonly used for this purpose, can interfere with the BAC results. And the more people who handle the blood sample, the more opportunities there are for the chain of custody to be disrupted, and the more opportunities there are for someone to do something that interferes with the accuracy of the results. These are more reasons why it seems better to leave blood draws to trained professionals, rather than requiring police to take on a job they haven't trained for and may not want.

Continue reading "Forcible Roadside Blood Draws in Drunk Driving Traffic Stops on the Rise Nationally" »

A Scituate teenager who crashed his car has been charged with driving under the influence, speeding, and other driving violations after attempting to escape from the police while they interviewed his passengers. The 17-year-old Scituate High School student's name is being withheld because he is a minor. As a Massachusetts drunk driving defense lawyer, I am glad that no one was hurt in this incident,

Police said that the student's 2006 Ford Focus totally blocked the intersection of Edith Holmes Drive and Tilden Road, although it was unclear what had led to the crash. Police arrived at the scene around 12:45 a.m. on April 29 and found four teenagers standing outside the car, each of them emitting "a strong odor of liquor." A witness said that a fifth passenger had been involved and had fled the scene on foot, but police were unable to find him or her. The teens gave police "various names," suggesting that they were lying about their identities initially, but police eventually ascertained their real names. Three of them had been listed as honor students in the local papers. A Breathalyzer test showed the driver's blood alcohol content to be 0.16%, twice the legal limit for adults over 21 and eight times the limit for drivers under 21. That impairment measurement may help explain the driver's unusual choice to get back in his car and try to drive away while police were questioning the three passengers. The driver told police, "I have to drive it home, there is something wrong with the front end," according to the police report. The driver finally gave up and got out of the car "only after strong verbal language was used," and the car was towed away. The driver is scheduled for a pre-trial conference in late May.

Read article: Scituate student faces drunk driving charge.

As a Massachusetts OUI criminal defense attorney, I'm sure the driver and his parents are dismayed at having to spend the spring and summer learning about how the Massachusetts court system works and the serious penalties for drunk driving. It would be wise for them to contact an experienced Massachusetts OUI defense lawyer to guide them through this difficult process. Massachusetts law treats minors differently from adults with respect to drunk driving charges, providing for a longer period of driver's license suspension as well as a lower legal limit. The student and his parents may also be concerned about how this accident will affect his future. An attorney can help them work toward the best possible outcome for this student -- a dismissal of the charges or a not guilty verdict, hopefully accompanied by a realization that drunk driving is a very serious charge.

Continue reading "Scituate High School Student Charged With OUI After Trying to Escape Police" »

As a Boston drunk driving defense lawyer, I took note of a recent article in the MetroWest Daily News about an arrest warrant issued for a Framingham man charged with OUI. Elias Furtunato Dasilva, 29, did not show up for his arraignment on Tuesday, April 20, in connection with a hit-and-run car wreck that he allegedly caused the previous weekend.

Dasilva was arrested on the night of Sunday, April 18, after police found him down the street from a three-car crash near Wildwood Steakhouse. According to a police report, Dasilva said that he had had three beers before getting behind the wheel of his car. He then allegedly crossed the double yellow line and hit an oncoming car. A third car was also involved in the crash. Dasilva said he ran away because he was scared, but when police found him he admitted to driving the errant car. He failed three sobriety tests, according to the police. A passenger in one of the cars was treated at Marlborough Hospital for serious injuries and released the next day. After posting $1,000 bail on Sunday night, Dasilva had been expected in Marlborough District Court on Tuesday to answer charges of driving without a license, leaving the scene of personal injury, operating under the influence and a marked lanes violation. Since he did not show up, the court issued an arrest warrant. A bail status hearing is scheduled for May 24.

Read article: Arrest warrant issued for Framingham man allegedly involved in hit-and-run.

As a Massachusetts OUI defense lawyer, I know that being involved in a car wreck and being charged with intoxicated driving is often frightening. But anyone charged with OUI is much better off engaging a Boston DUI defense attorney than leaving the scene of an accident and jumping bail. An experienced criminal defense lawyer can challenge the faulty field sobriety tests that police use as the basis for an OUI charge, for example, or challenge the validity of the original traffic stop and search. These and other defenses can lead to getting the case dismissed or winning a not-guilty verdict. The news report does not say whether the police used a breathalyzer as well as field sobriety tests, so it may be possible to call into question whether Dasilva was truly impaired. Three beers may or may not have rendered him legally impaired, with a 0.08% or higher blood-alcohol concentration.

By contrast, leaving the scene and skipping his bail puts Dasilva in a substantially worse position than he would otherwise have been in. If this was a first OUI, he could have been eligible for the 24D/alternative disposition program, which reduces the time when defendants lose a driver's license and carries no possibility of jail. Leaving the scene and then failing to show up to court tells the court you are not responsible or remorseful, which substantially reduces your chances of getting alternative disposition or any other kind of lenient sentence. Of course, it also means more criminal charges. With jail time and hundreds of dollars in fees and fines on the line, it's important to fight drunk driving charges the right way and with confidence, rather than compounding them with bad decisions made out of fear.

Continue reading "Arrest Warrant Issued for Framingham OUI Defendant Who Jumped Bail" »