DUI Massachusetts OUI Laws Penalties Lawyer Boston Cambridge Middlesex First Offense
Massachusetts OUI Attorney
In Massachusetts, OUI is the term used to for driving drunk. OUI is the acronym for Operating Under the Influence. People often refer to an OUI as a “DUI” (Driving Under the Influence), or “DWI” (Driving While Intoxicated) also. If you are arrested for an OUI in Massachusetts, you are facing some very serious consequences. The penalties for an OUI conviction in Massachusetts are harsh, and you will be facing steep fines and jail time as well as community service if you are convicted. If you have been arrested for an OUI, it is critical to immediately contact an aggressive Massachusetts OUI Defense Attorney to fight your Massachusetts OUI charge.
Your OUI/DUI Lawyer in Massachusetts
Massachusetts is now a “per se” state. What this means is that if you are stopped by Massachusetts law enforcement for a possible OUI and you take a breathalyzer test at the station and it states that your BAC is .08% or higher, you will be found guilty of the charge. However, there is a BIG IF. The judge and jury must believe that the breathalyzer test administered to you was done correctly. The prosecutor must prove beyond a reasonable doubt to obtain an OUI conviction that:
• You were operating a motor vehicle
• You were operating it on a public way
(road, street, highway)
• You were under the influence of drugs
An aggressive and experienced Massachusetts OUI/DUI lawyer who knows and understands how an OUI charge is prosecuted will know how to defend you against any OUI charge. The Gilmore & SRIS, LLC. Massachusetts OUI defense lawyers are extremely knowledgeable in all types of OUI defenses, and are prepared to employ their knowledge towards your defense and will help you fight a drunk driving offense. If you are seeking an experienced OUI/DUI defense attorney who was a former prosecutor to defend you against a DUI offense, contact the Gilmore & SRIS, LLC. Massachusetts OUI/DUI defense attorney immediately for help.
OUI/DUI Defense Guide
In Massachusetts, if you are pulled over and given some field sobriety tests or preliminary breath test and the police officer develops probable cause for an OUI arrest, then you will be arrested and taken to the police station. The arrest is the beginning of the OUI/DUI legal process. As a driver on the streets of Massachusetts, you have certain rights. For a Massachusetts police officer to pull you over, the police officer must have probable cause. If the Massachusetts police officer did not have probable cause for the stop, your Massachusetts OUI defense lawyer can suppress the stop and have the entire case thrown out based on an improper stop. The Massachusetts Courts will not let an OUI case to go forward if the stop was without probable cause. Sometimes, clients are pulled over as result of a sobriety checkpoint. These sobriety checkpoints are legal in Massachusetts. However, the Massachusetts Supreme Court has ruled that Massachusetts law enforcement officers must follow specific and strict procedures when conducting sobriety checkpoints and roadblocks to check for sobriety. If the rules and procedures are not followed by the Massachusetts police officers who are conducting the roadblock, then the evidence developed by law enforcement regarding the OUI will be held inadmissible.
Skilled OUI/DUI Defense Investigation
Our Massachusetts OUI defense lawyers need to know every single detail about your DUI arrest. Why did the police stop your car? Did the officer observe you for the required 15 minutes prior to giving a breathalyzer test? Did the testing equipment used have a history of malfunction?
License Suspension and RMV Hearings In Massachusetts
In Massachusetts, after you have been arrested and charged with a DUI, your driver’s license will be suspended. This means you cannot drive in Massachusetts till your licensed is reinstated. However, if you act quickly, you may be able to obtain a “Hardship License” by participating in a Registry of Motor Vehicles (RMV) hearing. Our Massachusetts OUI/DUI Defense Attorneys will fight for you and will aggressively protect your right to drive in Massachusetts. Our Gilmore & SRIS, LLC. Massachusetts OUI/DUI defense lawyer will do everything he can to help you throughout this very stressful process, including the RMV Hearing.
The penalties for a first time OUI offense vs multiple subsequent OUI offenses are significantly different. Massachusetts laws are very harsh towards a second or subsequent offender. Additionally, if you refuse to do a breathalyzer test, the penalties can increase. Also, if you are under 21, a repeat offender or if you have been convicted of a DUI and were driving with a suspended license from an earlier DUI conviction, you will be facing enhanced penalties. This additional offense has a minimum of 1 year mandatory jail sentence.
If you have been arrested for an OUI in Massachusetts, you know what you are facing: heavy fines, possible jail time, the potential for a criminal record, damage to your reputation and an inconvenient dependence on public transportation.
An OUI (operating under the influence) conviction can change your life. Our experienced OUI attorney will work hard to change it back.
If you need help to defend yourself against an OUI charge in Massachusetts, then contact the Gilmore & SRIS, LLC. Massachusetts OUI defense lawyers for help.
Massachusetts Drunk Driving Penalties
Drunk Driving Penalties For Subsequent OUI Offenses
The following are some of the penalties of a Massachusetts OUI conviction for a first time offense and also for subsequent charges of an OUI in Massachusetts:
FIRST OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not more than 2-1/2 years House of Correction, probation up to 2-1/2 years.
- Fine: $500.00-$5,000.00 plus court and probation supervision costs and program fees.
- License suspended for 1 year; Hardship license for work/education purposes may be considered in 3 months, general hardship in 6 months.
1. Probation with mandatory participation in alcohol-drug education program paid for by defendant.
2. License suspended for 45 to 90 days (210 days for drivers under age 21).
3. Eligible for Hardship license after three business days, assuming you have completed intake alcohol-drug education program.
SECOND OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not less than 60 days (30 day mandatory), not more then 2-1/2 years.
- Fine: $600.00-$10,000.00 plus court costs and probation supervision costs and program fees.
- License suspended for 2 years, work/education hardship considered in 6 months, general hardship in 1 year.
1. 2 years probation.
2. 14 day confined inpatient treatment program paid for by the defendant.
3. License suspended for two years, work/education hardship considered in 6 months, general hardship in 1 year.
THIRD OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not less than 180 days (150 day mandatory) out of district court, not more than 5 years State Prison.
- Fine: $1,000.00-$15,000.00 plus court costs and probation supervision costs and program fees.
- License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years.
FOURTH OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not less than 2 years (1 year Minimum Mandatory) out of district court, not more than 5 years.
- Fine: $1,500.00-$25,000.00 plus court costs and probation supervision costs and program fees.
- License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years.
FIFTH OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not less than 2-1/2 years (24 mos. Minimum Mandatory) out of district court, not more than 5 years.
- Fine: $2,000.00-$50,000.00 plus court costs and probation supervision costs and program fees.
- License loss for life, no possibility of reinstatement or hardship license.
LICENSE REINSTATEMENT FEES
- First Offense – $500.00
- Second Offense – $700.00
- Third Offense – $1,200.00
- Refusal/Failure to take Breathalyzer – $100.00
Our Massachusetts OUI defense attorneys will do their best to help you. Call us today for help!