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Drug OUI Attorney in Boston

Defending OUI-Drugs Cases in Boston Since 1991

Massachusetts doesn’t have a separate DUID statute. Drug-impaired driving is prosecuted under the same OUI law that covers alcohol, M.G.L. c. 90 § 24, and a conviction carries the same serious consequences. If you’ve been charged, the evidence against you works very differently than in an alcohol case, and the defense strategy has to reflect that. Since 1991, Gens & Stanton, P.C. has represented clients across the Boston area in these situations.

Facing a drug OUI charge in Boston? Call our attorneys at (617) 206-4675 or reach us through the contact form to schedule a free consultation.

What Massachusetts Must Prove in a Drug OUI Case

M.G.L. c. 90 § 24 covers operating a vehicle under the influence of marijuana, narcotic drugs, depressants, or stimulants as those substances are defined in c. 94C § 1, as well as impairment from smelling or inhaling toxic vapors under c. 270 § 18. A conviction isn’t automatic just because a substance was detected. The Commonwealth must prove the specific substance found in your system was a named drug under the statute and that it actually impaired your ability to operate the vehicle safely.

That second element matters. Marijuana is legal in Massachusetts for adults 21 and older, but driving while impaired by it remains a criminal offense. Legal use doesn’t eliminate the charge. Prosecutors still carry the burden of proving impairment, not just the presence of the substance.

Why Drug OUI Cases Are Fought on Different Evidence

In an alcohol OUI, a breathalyzer provides a number. In a drug OUI, there’s no equivalent device. The Commonwealth builds its case from an officer’s subjective observations, field sobriety tests designed to detect alcohol impairment rather than drug impairment, and blood or urine toxicology results.

Police may call in an officer certified as a Drug Recognition Expert (DRE), a law-enforcement-trained evaluator who follows a 12-step protocol. Massachusetts courts have questioned DRE testimony, noting that when a DRE’s training comes from other law enforcement personnel rather than medical or scientific authorities, it may not qualify that officer as an expert on the physiological effects of narcotics.

The distinction between active impairment and inactive metabolites is the other major evidentiary battleground in these cases:

  • Active impairment means the drug is affecting the driver’s ability to operate at the time of driving
  • Inactive metabolites are chemical byproducts that remain in the body for days or weeks after any impairing effect has worn off
  • A positive blood or urine test alone doesn’t prove the driver was impaired at the time of the stop

Penalties for a Drug OUI Conviction in Massachusetts

Penalties for an OUI-drugs conviction mirror those for alcohol OUI and escalate on a lifetime look-back. A first offense is generally charged as a misdemeanor and can include fines up to $5,000, up to two and a half years in jail, and a license suspension of up to one year. A third or subsequent offense, or one involving a fatality, becomes a felony.

M.G.L. c. 90 § 24D offers an alternative path for eligible first offenders and some second offenders: probation combined with a state-approved alcohol or controlled substance education, treatment, or rehabilitation program in place of the full statutory penalties. Whether you qualify for 24D, and whether pursuing it actually serves your interests, is worth discussing with a defense attorney before any court appearance.

How We Defend Drug OUI Charges

Every drug OUI case starts with a close review of how the stop was initiated, how evidence was collected, and whether your constitutional rights were observed throughout. If the stop lacked reasonable suspicion or the blood draw wasn’t handled properly, we file motions to suppress that evidence. A suppression victory can significantly narrow what the prosecution brings to court.

We work with forensic professionals to challenge toxicology results, assess whether the substances detected could have caused impairment at the time of driving, and evaluate the reliability of DRE testimony. When a negotiated resolution serves the client, we pursue it. When the facts call for trial, we build the case and try it. Attorney Bradford R. Stanton represents clients at both the trial and appellate levels, so if an unfavorable ruling warrants a challenge, that option can stay on the table.

Boston Court Experience & Firm Credentials

Drug OUI cases in Boston most often move through Boston Municipal Court or Suffolk Superior Court. We’ve practiced in these venues continuously since 1991, and that familiarity with local procedure, scheduling, and prosecution practices shapes how we prepare each case.

Attorney William E. Gens graduated cum laude from Tulane University Law School and served as an adjunct instructor at Harvard University Law School. As a boutique firm, we keep caseloads manageable so clients work directly with their attorney rather than a rotating cast of support staff. We’re licensed in Massachusetts, New Hampshire, and New York, with offices in both Boston and Cape Cod.

Talk to a Boston Drug OUI Attorney Before Your Next Court Date

The window between a charge and a first court appearance is when the most important defense decisions get made. A free consultation can give you a clear picture of the evidence, the charges, and the realistic options available to you.

We don’t give false hope, and we don’t send you to voicemail when you have questions. Call Gens & Stanton, P.C. at (617) 206-4675 or use the contact form on this site to get started.