It is never a good idea to mix alcohol and firearms. It’s even worse when you mix the two while driving your vehicle in Massachusetts. Massachusetts General Law Chapter 269 §10H states that “[w]however, having a valid license to carry firearms… carries on his person, or has under his control in a vehicle, a loaded firearm,…, being under the influence of intoxicating beverages or marijuana, narcotics, depressants, or stimulating substances, all as defined in section 1 of chapter 94C, or glue fumes shall be punishable by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years , or with both a fine and imprisonment”.
The same standard for “under the influence” is used for both the offense of Operating under the Influence of Intoxicating Liquor and the offense of Possession of a Firearm under the Influence. In these cases, if the prosecution can prove that you were under the influence, they likely have proven all elements of both crimes. Although the prosecution may have other evidentiary issues, such as whether the defendant was driving on a public road for the OUI charge or proving that the defendant knew the firearm was in the car, often the most difficult element to prove is under the influence.
When showing that you are under the influence, many factors will ultimately influence the outcome.
These factors for testing under the influence often include, but are not limited to:
1. What were the observations of your behavior behind the wheel?
A. It was erratic driving.
2. What were your observations at the time of the alleged crime?
A. Was your speech slurred?
b. How was your ability to stand up?
vs. Were your eyes bloodshot and glassy?
d. What was his ability to understand what was happening and what he was being asked to do?
3. Whether field sobriety tests were conducted and what the results were.
A. Common field sobriety tests include the walk-and-turn nine-step field sobriety test.
It is important to remember that field sobriety test refusals are not admissible in a criminal trial; however, refusals of breath and field sobriety tests will result in license suspension. An experienced drunk driving defense attorney knows the playbook on how these field sobriety tests should be conducted and can often poke holes in the administering officer’s testimony at trial.
