Drunk Driving Accidents

Police respond to a drunk driving crashSadly, drunk drivers cause thousands of accidents, injuries and deaths every year.  Frequently, a restaurant or bar is responsible for overserving a person who becomes drunk and gets behind the wheel.  If you or a loved one has been injured or killed by a drunk driver in Massachusetts, it is critically important to retain experienced, competent and aggressive lawyers to thoroughly investigate the case. 

Because investigation has to start immediately, it is also essential that you hire an experienced Massachusetts drunk driving attorney as soon as possible. The lawyers of Breakstone White and Gluck have over 100 years combined experience handling injury and death cases, including drunk driving accidents.  We have a track record of success working with some of the nation’s top accident reconstructionist, toxicology and dram shop experts to win your case. We will also give you and your family aggressive and compassionate representation to obtain the best results. Call us at 800-379-1244 or use our contact form. We answer inquiries 24 hours a day.

Who Is Responsible to Drunk Driving Crash Victims in Massachusetts

  • Drivers may be held liable if they cause a car crash and you or a loved one is injured or killed.

  • In Massachusetts, homeowners may also be held liable if they served the driver. This is known as social host responsibility.

  • Any establishment with a liquor license which served a driver may also be liable and have to pay damages to the victim of a drunk driving crash. This is known as dram shop liability.

Drunk Driving: Impact

  • In 2015, 10,265 people died in drunk driving crashes - about one third of all traffic-related deaths in the U.S., according to the Centers for Disease Control and Prevention (CDC). According to the 2015 data, 96 drunk driving deaths occurred in Massachusetts. That translates to 31% of all traffic fatalities. (Source: Mothers Against Drunk Driving, https://www.madd.org/state-statistics/)

  • In Massachusetts, approximately 15,000 to 16,500 people are charged with operating under the influence each year, according to a 2016 Boston Globe report.

  • It is against the law for anyone under age 21 to consume alcohol in Massachusetts and every other state. Yet high school students drink and drive about 2.4 million times each month, according to the CDC. 

  • Massachusetts is ranked 31st in the nation for drunk driving enforcement by Mothers Against Drunk Driving. Under current laws, many drunk drivers are able to escape conviction and avoid the criminal consequences of their dangerous driving.

Understanding Massachusetts Drunk Driving Law

In Massachusetts, you are presumed to be operating under the influence of alcohol (OUI) if your blood alcohol concentration is greater than 0.08. But a blood alcohol concentration below 0.08 may still result in an impairment, especially when the alcohol is mixed with drugs. In Massachusetts, if you are operating a motor vehicle, you have given implied consent to having your blood alcohol tested—typically by a breath test which is administered in the field or at the police station. This may be followed by an actual blood test. For operators under the age of 21, a blood alcohol concentration over 0.02 will result in arrest.

A conviction for operating under the influence will be strong evidence in any case involving personal injury or wrongful death. Juries have little tolerance for drunk drivers, so verdicts may be larger, and punitive damages may be available if the case involves wrongful death.

Injuries Caused by Massachusetts Drunk Drivers

Drunk driving injuries can be severe. A drunk driver can injure the operator and occupants of other vehicles, pedestrians and cyclists. They can also injure other passengers in their own vehicles.

Motor vehicle drivers are not the only ones who can be negligent. By operating under the influence, motorcyclists, ATV operators and boat operators can put others in danger.

Making Massachusetts Safer from Drunk Driving

Many states have enacted laws which require ignition interlocks which require the driver to blow into a breathalyzer unit before being able to start their car. Massachusetts is lagging far behind this national effort. Refusal to take a breath test leads to a brief license suspension. But unless the police can quickly obtain a warrant, breath and blood testing can be avoided by the suspected intoxicated driver. Massachusetts laws on revocation and child endangerment are also less than most other states. Mothers Against Drunk Driving giver our state a failing grade. See https://www.madd.org/state-statistics/ for more information.

About Breakstone, White & Gluck
The Boston car accident lawyers of Breakstone, White & Gluck have over 100 years combined experience representing victims of drunk driving accidents. We are here to help if you have been injured by a drunk driver. Learn your rights. For a free, legal consultation, contact us at 800-379-1244 or 627-723-7676 or use our contact form.

Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case.
★★★★★
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
★★★★★
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
★★★★★
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
★★★★★
Ron was excellent. He was on top of everything. He answered every question. John
★★★★★
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh
★★★★★