Alcohol Crimes & OUI at Encore Boston Harbor and MGM Springfield

Lowered inhibitions often accompany alcohol, and it can be easy to get carried away after a long night of drinking and gambling. If you have been charged with an alcohol-related offense, including operating under the influence, you should seriously consider hiring a competitive criminal defense attorney that will protect you against those accusations.

Earlier this month, Wynn Resorts (the owner of Encore Boston Harbor in Everett, MA) asked the Massachusetts Gaming Commission to extend the alcohol serving hours from 2 a.m. to 4 a.m. for people gambling on the casino floors. The license was approved, on the condition that the company will monitor the impact on its customers and the Everett community.

Boston-area advocates and politicians have voiced concerns over the extended drinking hours, particularly that people will head to the casino for last call and drive home drunk. Everett politicians have already announced they will increase the police presence in and around the casino to catch people who are driving while intoxicated.

In addition to an increased police presence, Encore Boston Harbor’s leadership has announced safeguards to decrease the chance of drunk casino-goers driving home. Casino severs will only offer the complimentary alcohol beverages to patrons who are actively gambling, and there will be a cap on many drinks someone may be served per hour. Encore’s staff will also receive training to recognize when someone is too intoxicated to drive or should be cut off.

There is currently limited public transportation to and from the Everett, MA casino. In late-May of this year, Encore Boston Harbor announced they will establish three transportation services in an effort to combat drunk driving and to enhance visitors’ experience. By its scheduled opening in June of this year, the casino will roll out buses, and a water taxi system from the Seaport area. These services will cost $7 per one-way trip. There will also be a complementary shuttle system with three different routes.

To be convicted of OUI, the Commonwealth must prove three elements beyond a reasonable doubt:

1. The vehicle (or boat, aircraft, tractor, etc.) was operated,
2. On a public way or other area that members of the public have a right of access to, and
3. The operator of the vehicle was under the influence of some intoxicant.

The “intoxicant” for OUI, as it relates to the casino opening, will likely be alcohol. Under M.G.L. c. 90 § 24, a person twenty-one years or older may be found guilty of OUI if their blood alcohol concentration (“BAC”) is 0.08% or higher. For persons younger than twenty-one, administrative penalties will be imposed if their BAC is 0.02% or higher.

A competent criminal defense attorney understands the complexity of these cases. Whether you absentmindedly exited the casino with an open container, casino security confused your excitement for disorderly conduct, or the police thought a passenger’s alcoholic odor was emanating from you, Patrick J. Murphy can defend you against criminal accusations related to alcohol.

The penalties for an OUI conviction—incarceration, revocation of your license, mandatory Driver Alcohol Education Programs, etc.—are severe and life-altering. If you are facing an OUI charge going to or from a Massachusetts casino, you should hire an aggressive criminal defense lawyer that will fight for your rights. The Law Office of Patrick J. Murphy has twenty-five years of experience doing just that.

If you want to discuss your OUI or alcohol-related criminal charge with an experienced attorney, Attorney Murphy provides a complementary and confidential consultation. Attorney Murphy can be reached 24/7 at (617) 367-0450, or you can use this online form to set up an appointment.