In Massachusetts, a person is guilty of a DUI if the person drives while under the influence of marijuana, narcotic drugs, depressants or stimulant substances. Mass. Gen. Laws Ann. ch. 90 § 24(1)(a)(1) (West 2010).
In Massachusetts, a person suspected of driving while under the influence of alcohol has, by virtue of driving in the state, consented to provide a sample of breath, blood, or urine to police for testing in order to determine the amount of alcohol in his or her system. However, implied consent law does not require that an individual suspected of driving under the influence of marijuana or controlled substance submit to a chemical test in order to screen for the presence of drugs in his or her body. Ergo, in Massachusetts a chemical sample from an accused person should only be given on a voluntarily basis, and no penalties or sanctions apply for refusal to submit to chemical testing for drugs.
In Massachusetts, sobriety checkpoints are upheld under both the state and federal constitutions.
Com. v. Connolly, 474 N.E.2d 1106 (1985) -- In order to obtain conviction for DUI, Commonwealth need not prove defendant actually drove unskillfully or carelessly.
Com. v. Plowman, 548 N.E.2d 1278, 1281 (1990) -- Massachusetts Supreme Court defined the meaning of "operation" as 'intentionally do[ing] any act or make[ing] use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of that vehicle." This remains the definition of "operation" today....Under this definition, evidence that an intoxicated person was observed sleeping in the driver's seat of a parked vehicle, with keys in the ignition and the engine running, by itself, does not mandate a finding of "operation" under G.L. c. 90, § 24."