OUI After a Car Accident in Massachusetts
Charged with OUI after a crash? The evidence against you may be weaker than you think.
If you’ve been arrested for Operating Under the Influence (OUI) following a car accident in Massachusetts, you’re probably terrified. The accident itself was traumatic. Now you’re facing criminal charges, potential jail time, license suspension, and the weight of the Commonwealth’s case against you.
But here’s what prosecutors don’t want you to know: OUI charges arising from accidents are often the most defensible cases we handle.
Why? Because the “evidence” of intoxication that police collect at accident scenes is frequently indistinguishable from the normal physical effects of being in a serious car crash.
Call Attorney Michael P. Murray at (508) 393-4162 for a free consultation.
Why Accident-Related OUI Cases Are Different
When police arrive at an accident scene, they’re trained to look for signs of impairment:
• Bloodshot, watery eyes
• Slurred speech
• Unsteady balance
• Confusion or disorientation
• Flushed face
• Difficulty following instructions
The problem? Every one of these symptoms is also consistent with being involved in a violent car accident.
Think about what happens to a person’s body in a collision:
• Airbag deployment causes bloodshot eyes, facial irritation, and temporary disorientation
• Adrenaline and shock cause confusion, unsteady movements, and difficulty processing questions
• Head impact — even minor — causes slurred speech and delayed responses
• Emotional trauma causes watery eyes, flushed skin, and erratic behavior
Police are actually trained on this distinction. The National Highway Traffic Safety Administration (NHTSA) manual that governs field sobriety testing explicitly warns officers that accident trauma produces symptoms identical to intoxication.
Yet officers routinely ignore their own training. They see a crashed car, smell alcohol (perhaps from a single drink hours earlier, or a spilled beverage in the vehicle), observe a shaken driver — and make an arrest.
That arrest is not proof of guilt. It’s the beginning of a fight you can win.
Common OUI Accident Scenarios We Defend
Every accident is different, but we regularly defend clients facing OUI charges after:
Single-vehicle accidents
• Hitting a telephone pole, guardrail, tree, or ditch
• Running off the road
• Rollover accidents
Multi-vehicle collisions
• Rear-end accidents
• Intersection crashes
• Highway accidents
Property damage incidents
• Hitting a parked car
• Striking a mailbox, fence, or structure
• Leaving the scene (which often adds additional charges)
Accidents involving injuries
• OUI causing serious bodily injury (felony)
• OUI causing death (manslaughter)
The severity of the accident does not determine guilt. The Commonwealth must still prove impairment beyond a reasonable doubt — and when the only evidence comes from a chaotic accident scene, reasonable doubt is often present.
Defense Strategies for OUI Accident Cases
When we take on an accident-related OUI case, we examine every angle:
Challenging the “Signs of Intoxication”
We hold the Commonwealth to its burden. If the only evidence of impairment is physical symptoms observed after a crash, we demonstrate that those symptoms are equally consistent with accident trauma. Juries understand this — because it’s common sense.
Questioning Field Sobriety Tests
Field sobriety tests are unreliable under ideal conditions. After a car accident, they’re meaningless. If you were asked to perform the walk-and-turn or one-leg stand after being in a collision, we challenge the validity of those results. Injuries, shock, uneven pavement, emergency vehicle lights, and adrenaline all compromise these tests.
Examining the Breath or Blood Test
If you took a breath test, we scrutinize the machine’s calibration, the operator’s certification, and the administration of the test. If blood was drawn at a hospital, we examine chain of custody, timing, and whether proper procedures were followed.
Attacking the Traffic Stop or Investigation
In some accident cases, there’s no traffic stop — police simply arrive at the scene. But we still examine whether officers followed proper procedures, whether Miranda warnings were given before questioning, and whether any evidence was obtained in violation of your constitutional rights.
Establishing Alternative Explanations
Accidents happen for many reasons: mechanical failure, weather, road conditions, animals in the roadway, medical emergencies, distracted driving by another motorist. If something other than impairment caused or contributed to the accident, we present that evidence.
Proven Results in OUI Accident Cases
We don’t just talk about defense strategies — we execute them.
Most recently, on March 24, 2026, we secured a NOT GUILTY verdict in Commonwealth v. [Defendant], Docket No. 2564 CR 1248. Our client faced OUI charges after a head-on collision with a telephone pole that destroyed both the pole and the vehicle. The Commonwealth took the case to trial. The jury heard all the evidence — and returned a verdict of not guilty.
The key to that acquittal: demonstrating that the “signs of intoxication” police observed were entirely consistent with the trauma of a serious accident.
Your case deserves the same aggressive, knowledgeable defense.
What to Do If You’ve Been Charged with OUI After an Accident
1. Do not assume your case is unwinnable. The severity of the accident does not equal proof of impairment.
2. Contact an attorney immediately. You have only 15 days to request an RMV hearing to challenge your license suspension. Missing this deadline means automatic suspension.
3. Do not speak to insurance adjusters or investigators without legal counsel. Anything you say can be used against you in the criminal case.
4. Gather evidence. If possible, document your injuries, the accident scene, weather conditions, and any mechanical issues with your vehicle.
5. Get medical attention. Your medical records can support the defense that your symptoms were caused by the accident, not alcohol.
OUI Accident Defense Throughout Massachusetts
Attorney Michael P. Murray defends OUI accident cases in courts across Massachusetts, including:
Worcester County: Worcester, Fitchburg, Leominster, Westborough, Milford, Uxbridge, Dudley, East Brookfield
Middlesex County: Cambridge, Lowell, Framingham, Concord, Marlborough, Newton
Norfolk County: Dedham, Quincy, Brookline, Stoughton
Suffolk County: Boston, Chelsea
Essex County, Plymouth County, and beyond
No matter where your accident occurred, we can help.
Free Consultation — Call Now
If you’ve been charged with OUI following a car accident in Massachusetts, you need an attorney who understands the science of accident trauma and knows how to expose the weaknesses in the Commonwealth’s case.
Call the Law Office of Michael Patrick Murray, P.C. at (508) 393-4162 for a free, confidential consultation. We’re available 24/7 for emergencies.
- First Offense OUI in Massachusetts
- Second & Subsequent OUI Offenses
- Commonwealth v. Hallinan: Vacating OUI Convictions Based on the Massachusetts Breathalyzer Scandal
- Refusing a Breath Test
- Challenging Field Sobriety Tests
- Hardship Licenses & RMV Hearings
- OUI Trials vs Plea Deals
- Worcester County OUI Defense
- Middlesex County OUI Defense
- Norfolk County OUI Defense
Attorney Michael P. Murray, BBO #558241, has successfully defended clients facing OUI charges throughout Massachusetts. Results vary by case. Prior outcomes do not guarantee future results. by case. Prior outcomes do not guarantee future results.