OUI Penalties in Massachusetts Go Beyond the Legal System

A state lawmaker in Ohio is now facing constituents, who want him removed from office for allegedly driving drunk, the Dayton Daily News reports.

The story, out of Ohio, shows how quick the public is to rely on the word of law enforcement at first glance. Yet, when they are faced with a crime, they want everyone else to adhere to the “innocent until proven guilty” rule that makes our criminal justice system the best in the world.
Sadly, this man, like many others charged with OUI in Brockton and throughout Massachusetts, is facing the crushing realty of a drunken driving arrest — people are quick to judge. This goes not only for the general public, but also family members and bosses. Companies are quick to fire someone when they are arrested, even before the person has made their way into a courthouse to face the charges.

A person can be arrested one night and be fired the next. And with jobs so scarce and the economy in a tough spot, losing a job can be very difficult for many people out there. But there are instances when aggressively defending against the charges with an experienced Attleboro OUI Lawyer, and getting an acquittal or charges dropped, can lead to a job being restored.

In mid August, the embattled legislator told the news media he wasn’t going to resign over three alleged alcohol-related incidents despite leaders calling for him to do so. He said constituents have sent him calls of support, yet an open records request by a newspaper found that more people have asked for his resignation than showed him support.

He was arrested in July and charged with drunken driving and child endangerment. The charges stem from an incident in which state police pulled him over after alleging his pickup truck drifted over the center line of a road and his trailer didn’t have taillights. He refused to take field sobriety tests. His brother-in-law, who was a passenger, has signed an affidavit saying that the man drank three beers over more than two and a half hours that day and that he didn’t appear to be impaired.

The penalties for OUI in Massachusetts are more severe than other similarly unsophisticated, minor crimes. A person who steals something from a store or house can sometimes get less serious penalties than a person who is accused of driving over the legal limit.

For first-time OUI offenders, possible penalties include:

A maximum of 2.5 years in prison A one-year driver’s license suspension Possible one-year probation term
Every case varies and usually by the judge, the prosecutor and certainly the defendant’s choice of a Massachusetts OU DefenseI Attorney. Some first-time offenders can get out with completing an alcohol education program, probation and fines and fees. But sometimes judges can be out to make a point.

These penalties are on top of the aforementioned penalties a person can face outside the criminal justice system, which can be as daunting, at times. Defending the case and showing the flaws in the arrest and proving the Commonwealth doesn’t have proof beyond a reasonable doubt can help restore your name and reputation.

Massachusetts DUI Defense Attorney Michael DelSignore has offices conveniently located in Stoughton, Attleboro, New Bedford and Westborough.

Call (508) 455-4755 for a free consultation, 24 hours a day, including weekends and holidays.

More Blog Entries:

ESPN Analyst, Former NBA Player Jalen Rose Sent to Jail for DUI: July 29, 2011
Additional Resources:

Accused state rep urged to resign following drunk driving incident, by Mark Gokavi, Dayton Daily News

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