Drugged Driving in Massachusetts
Across each state-level jurisdiction, the criminal penalties and definitions for driving under the influence of an intoxicant are different. In the state of Massachusetts, drugged driving charges work similarly to other operating under the influence, or OUI, charges. However, in comparison to other states in the United States, there are some details that may allow drivers to use certain substances without receiving these incredibly damaging criminal charges.
In particular, Massachusetts OUI charges for drugged driving may actually permit some drivers to operate a motor vehicle while influenced by prescription medication. According to the state's legal code, OUI cannot be filed unless the substance found in the driver's system matched the state's records for unlawful controlled substances. While this includes some prescription drugs, prohibiting these patients from using these medications while driving, it certainly does not include all of them.
Instead of creating a law that states any cause of intoxication is sufficient for a criminal charge, Massachusetts specifically outlines what substances may qualify for OUI prosecution. Certainly, illegal drugs are considered on the list. In addition, the legal code considers some depressants and stimulants too dangerous for individuals to use while operating a motor vehicle. The legal code also specifically cites a prohibition against using glue vapors to get high while driving.
As a result of this specific list of substances, prosecutors must prove a certain number of things. Primarily, the standard requirements stand for OUI charges. Prosecutors must prove that a driver was intoxicated by a particular drug while using a vehicle on a public road. However, due to the specificity of the Massachusetts state law, the prosecutors must also register that using that substance is against the law.
If you have been charged with drugged driving in the state of Massachusetts, there may be legal options available for you. To learn more about your defendant's rights, contact Cape Cod drug crime attorney James Powderly today.
In particular, Massachusetts OUI charges for drugged driving may actually permit some drivers to operate a motor vehicle while influenced by prescription medication. According to the state's legal code, OUI cannot be filed unless the substance found in the driver's system matched the state's records for unlawful controlled substances. While this includes some prescription drugs, prohibiting these patients from using these medications while driving, it certainly does not include all of them.
Instead of creating a law that states any cause of intoxication is sufficient for a criminal charge, Massachusetts specifically outlines what substances may qualify for OUI prosecution. Certainly, illegal drugs are considered on the list. In addition, the legal code considers some depressants and stimulants too dangerous for individuals to use while operating a motor vehicle. The legal code also specifically cites a prohibition against using glue vapors to get high while driving.
As a result of this specific list of substances, prosecutors must prove a certain number of things. Primarily, the standard requirements stand for OUI charges. Prosecutors must prove that a driver was intoxicated by a particular drug while using a vehicle on a public road. However, due to the specificity of the Massachusetts state law, the prosecutors must also register that using that substance is against the law.
If you have been charged with drugged driving in the state of Massachusetts, there may be legal options available for you. To learn more about your defendant's rights, contact Cape Cod drug crime attorney James Powderly today.
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