Getting arrested for OUI in Massachusetts can have serious consequences. The penalties increase significantly with each offense, including jail time, heavy fines, and license suspension or required installation of an IID (Ignition Interlock Device).
An experienced OUI attorney can help defend you against the charges you face. A good lawyer will have extensive knowledge of OUI laws and regulations, allowing them to recognize missteps in the evidence being used against you.
Probable Cause
One of the most common defenses in a drug OUI case involves challenging the traffic stop that led to your arrest. Police officers must have either probable cause or reasonable suspicion to pull over a vehicle, and they cannot extend the stop by asking you to exit the vehicle for field sobriety tests without another reason (like driving poorly, slurred speech).
A conviction for OUI carries harsh penalties, including lengthy terms of incarceration. A good criminal defense attorney can evaluate the evidence, identify any weaknesses in the prosecution’s case, and develop a strategy to minimize these consequences.
It is important to consult an OUI lawyer early in the process, especially for first-offense OUIs. Your criminal defense lawyer may be able to work out a deal that allows you to keep your license and avoid jail time. They may also be able to help you obtain a hardship license so that you can continue working or going to school.
Breath Tests
Breath tests are the most commonly used method for law enforcement to measure a person’s blood alcohol content (BAC). However, breath testing machines are subject to many errors that a well-trained DUI lawyer can use to attack your case.
Police officers often ask a driver to submit to a portable breath test machine at the scene of a traffic stop. Refusing to submit to the PBT does not mean you can avoid arrest, but it does affect your license suspension.
Massachusetts’s OUI laws make it a crime to operate a motor vehicle with a BAC of 0.08% or higher. The state’s burden is to prove your guilt beyond a reasonable doubt. A tenacious OUI attorney can expose weaknesses in the prosecution’s evidence, including the breathalyzer’s calibration and maintenance records. A frank discussion with a Middlesex County OUI lawyer could help you choose the right defense strategy. The state’s witnesses should be examined for bias, qualification, and credibility.
Suspended License
Getting arrested for driving under the influence can be embarrassing and stressful. Aside from your immediate anxiety at being placed in handcuffs, you may also worry about losing your job or the impact on your family if you lose your driver’s license.
Even a first time OUI offense can result in a mandatory 150-day license suspension and a fine. A skilled OUI attorney can use their knowledge of the law to negotiate with the prosecution for a lesser penalty, including reduced or eliminated fines, shorter license suspension, and enrollment in alcohol education classes instead of jail time.
However, if you have prior OUI convictions or were arrested for causing an accident that resulted in serious bodily injury, your case will be treated as a felony. An experienced OUI lawyer can question the evidence in your case, including the validity of your sobriety test results and the qualifications of the state’s witness. They can also expose any issues with the testing equipment or the method of administration of the tests.
Conviction
A conviction of OUI can have significant legal, financial and personal consequences for students. It can damage your reputation, prevent you from getting scholarships and affect future employment opportunities. A strong defense can help you avoid these harsh penalties.
In Massachusetts, it is illegal to operate a vehicle with a blood alcohol content (BAC) of.08 percent or higher. This includes driving under the influence of any alcoholic beverage, drug, stimulant, depressant, glue vapors or other chemical substance that impairs your ability to drive safely.
When an officer suspects you are intoxicated, they must have probable cause to pull you over and ask you to take sobriety tests. However, this standard is very broad and officers can pull you over for many reasons unrelated to your driving. If you are able to prove that the officer did not have reasonable suspicion, you may be able to get the charges against you dismissed. A seasoned OUI attorney can review your case and provide guidance.OUI Defense
