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After an OUI arrest in Massachusetts, most people do not know where to turn for help.  You have questions about how the arrest will impact your job and ability to drive in the future.  You are looking for answers and find information everywhere but what information is accurate and who can you trust.  Attorney DelSignore been helping people for over 20 years understand Massachusetts OUI Laws and make the best decision possible when facing OUI charges.

Attorney DelSignore has been handling OUI cases across Massachusetts for over two decades, and in his experience, this moment — the hours and days right after an arrest — is where most people make the mistakes that hurt them the most. And the biggest mistake isn’t something that happened on the road. It’s what happens after.

The Real Problem: Rushing Decisions You’re Not Ready to Make

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Attorney Michael DelSignore is a Massachusetts OUI Lawyer who has spent more than 20 years making sure his clients never have to wonder if they made the right call.

For anyone reading this, the situation is likely an urgent one. Either you or someone you care about is facing an OUI charge or a serious criminal accusation in Massachusetts. The phone is full of law firm names. The inbox may already be flooded with generic advertisements. Every attorney seems to promise the same outcome.

Here is the truth: not all criminal defense lawyers are the same. When a license, a career, a clean record, and personal freedom are on the line, that difference matters more than almost anything else in the world right now.

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Massachusetts OUI Lawyer Michael DelSignore is frequently asked what the best decision is to take or refuse the breath test.  While the general correct answer is to refuse, there are implication to refusing a breath test that must be understood.

Should you take the breath test:  This is one of the most difficult decisions people face in an OUI case—and it often has to be made in a matter of seconds.  The answer really depends on is the case still winnable even without a breath test and can you get a ride to work while Attorney DelSignore fights your case; if you cannot manage without driving, refusing may not be the best decision for you.  The decision whether to take or refuse a breath test is made quickly; you did not expect to be arrested.

You are pulled over.
You are placed under arrest.
The officer asks you to take a breath test.

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Massachusetts OUI cases with breath test results are winnable cases.

If you blew over a .08, it is easy to assume the case is over.
That is one of the most common—and most damaging—assumptions people make after an OUI arrest.

In Massachusetts, a breath test is important evidence. But it is not the entire case. And it is not automatically enough to convict you.  The breath test is not automatically admissible in Court; breath test cases take longer but you are able to drive while the case is pending as the license suspension is only 30 days.  Attorney DelSignore cannot guarantee any result but he has been highly successful winning cases with breath test results.

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In this Blog, Attorney Michael DelSignore will review the key points you need to understand when facing a Second Offense OUI in Massachusetts.  Attorney DelSignore is one of the leading OUI Lawyers in Massachusetts and his work on DUI Defense in Massachusetts was recognized by the National College of DUI Defense.

  1. Penalties for a Second Offense OUI in Massachusetts

When you face a second OUI, the stakes rise dramatically. Below is a breakdown of the common penalties you may encounter:

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DEFENDING YOUR CASE IN COURT

In this Blog post, Massachusetts OUI Lawyer Michael DelSignore discusses how he defends OUI cases in Court.  Attorney DelSignore has been recognized for his work on OUI Defense by SuperLawyers Magazine 4 years in a row as a top OUI Lawyer.  This magazine ranks lawyers throughout Massachusetts.  In this post, you will learn how Attorney DelSignore defends and OUI case and what are some of the methods that have lead to his successful defenses over the past 20 years.

Preparing a winning defense to your case requires a full evaluation of the case to determine the key facts in dispute. It is generally a bad strategy to challenge everything that the officer wrote in the report; more successful defense strategies attack the credibility or conclusions of the officer at the key points in dispute. 

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Attorney Michael DelSignore has been helping people avoid Massachusetts OUI Convictions for over 20 years.  It is a job that he loves and he is known in Courts throughout Massachusetts for OUI Defense.  In this Blog post, you will have listed the Penalties and Consequences of an OUI in Massachusetts at every offense level.

General Penalties and Court Costs

If you are convicted of OUI in Massachusetts or admit to sufficient facts and receive a CWOF on a first offense OUI, you will have to pay the following costs associated with your drunk-driving conviction: 

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In this Blog, Massachusetts OUI Lawyer Michael DelSignore explains common terms used in Court.  One of my goals as a lawyer is to make sure you understand the process.  You will hear these terms frequently used in Court and here is what lawyers mean when these terms are used in Court.

Common Terms used in Court when Facing an OUI

Like any industry, the legal profession uses certain terminology when discussing cases and court appearances. In this Chapter, I have defined common terms for people charged with drunk driving to help you understand the language used in court. 

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The Massachusetts SJC heard oral arguments on November 6, 2023 regarding two OUI Serious Injury cases involving accident and blood tests.  The issue before the Court is whether the requirement that the State police obtain consent to test blood applies to both a simple OUI and a more serious OUI involving serious injury or death.

In the case of Commonwealth v. Zucchino, the defendant was indicted and had a case in Salem Superior Court involving OUI-manslaughter, OUI serious bodily injury and leaving the scene of death among other charges.  Following the accident, the defendant was taken to the hospital where his blood was drawn.  After the blood draw, the State police applied for a warrant for the blood and tested the blood at the State police laboratory.  There are two possible blood draws in this case. First was the blood draw by the hospital and second the testing of the blood by the State police.

It was the testing by the State police without the defendant’s consent that was the subject of the motion and SJC argument.  A similar case also argued on the same day before the SJC was Commonwealth v. Cappellucci.  This case was heard in the Framingham District Court and alleged OUI serious bodily injury.  The defendant was also charged with OUI-drugs serious bodily injury.  In the

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Miranda rights are critical to protect an individual privilege against self-incrimination.  When a defendant does not speak English, what is the process to make sure that a defendant is advised of their rights in Spanish or their native language.

In Commonwealth v. Oscar De Los Santos, the question of whether his Miranda rights are valid arises because they were not read to him in his first language, Spanish. A simple assumption about what was said in a language that witnesses do not understand cannot satisfy the Commonwealth’s burden of proving the Miranda requirement beyond a reasonable doubt. The Massachusetts Supreme Judicial Court will address this issue in Commonwealth v. De Los Santos.  The SJC hear oral argument on this case in March of 2023.

Spanish is the only language that Mr. de los Santos speaks and understands. In moving to suppress his statements before trial, Mr. de los Santos contended that he did not receive the Miranda warnings. The only pretrial evidence concerning Spanish-language warnings came from officers who cannot speak or understand Spanish.

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