Dedham Second Offense OUI Lawyer
A second offense OUI charge can be intimidating. However, an experienced defense attorney can examine the facts of your case and go over your legal options with you.SENTENCING FOR SECOND OFFENSES
In a second-offense DUI charge, the standard recommendation is going to be that, if you take a plea on the case, you will undergo a two-week inpatient program, aftercare, which takes about a year, and two years of probation. There probably will be a suspended jail sentence of 60 to 90 days and a two-year license loss.
If the two offenses are outside of 10-year period, you may be able to get a resolution as a second-chance first offender where you will only lose your license for 45 days, have to do the 24-D Program again, and pay the fines and fees as if it is a first offense.
CLIENT CHARGED WITH A 2ND OFFENSE OUI FOUND NOT GUILTY AFTER A JURY TRIAL!
In this case, the police found the defendant in his car on the side of the road, asleep behind the wheel. Upon interaction, the defendant told the police he had been drinking earlier in the day, had unopened beer in the car, and did not know where he was going. In the police report, officers alleged the client had great difficulty getting out of the car, could not find his license, and could not walk in a straight line. At trial, DelSignore Law was able to show medical records which causes our client to be unsteady on his feet. The client was ultimately found not guilty!
If it is outside of the 10-year period, the court may be lenient on how your second offense is handled. However, you will have to get the ignition interlock device and do the 14-day inpatient program. If you go to trial and lose in Dedham on a second offense, you are probably still going to get probation, depending on the severity of the case. You may get jail time on a second offense depending on the strengths and weaknesses of the case and the particular judge in the trial session that day.WHAT IS THE IMPACT OF A GUILTY OUI PLEA?
If you were to plead guilty, what typically happens in Massachusetts on a first offense, is that you would be given a continuance without a finding, the 24(d) Alcohol Treatment program, and a 45-day loss of the license loss on top of any suspension for breath test refusal or failure. In subsequent offenses, it will depend on the facts. There are varying penalties depending on how many similar offenses are on a person's record and depending on the facts of the case.
Somebody can certainly receive probation after accepting a plea deal in a Dedham OUI case. Typically, you would receive probation after a plea on a first offense or second offense. After the second offense, a person would be looking at mandatory jail time.
Defenses do not differ whether they are for a first or second offense. The jury does not know that it is a second offense in Massachusetts, so attorneys defend the case the same way as they would a first offense. A skilled Dedham second offense OUI lawyer can examine the facts of the case, and use the resources at their disposal to determine what defense strategies work best for the accused.CONSEQUENCES OF BREATH TEST REFUSAL FOR REPEAT OFFENDERS
If you refused the breath test at the police station, your license will be suspended for three years. If you take the test and fail, it is suspended for 30 days. After 30 days, they can get the full license back. If they refuse the breath test, it is a three-year suspension. There is an appeal process. The license suspension appeal process is the same regardless of offense level. However, it is difficult to get the refusal or return on appeal. The best way to get the license back after a second offense is to be found not guilty. Then, there is a presumption of reinstatement on the three-year refusal suspension. However, the refusal penalties do go up significantly for a second offense. A Dedham second offense OUI lawyer can attempt to mitigate the penalties that an individual may face.
More about the breath test:
For years, breathalyzer results were routinely accepted by the court until a statewide appeal in 2015 when defense attorneys across Massachusetts brought a motion to question whether the machines were reliable.
Currently, an ongoing appeal shows that the breath tests may not be reliable and litigation is still pending at this point. Many of the breath tests were presumptively excluded and all of them are currently being stayed at this point until the court determines whether they are reliable.
False Positives and Inaccurate BAC Scores
Some medical conditions such as Gastroesophageal reflux disease (GERD) can cause breath test results to be artificially high. GERD is a medical form of nearly constant heartburn caused by the regurgitation of the stomach acid. That can bring up the alcohol into a person’s mouth which causes a BAC that is higher than what would be in the person's blood.
Asthma can also affect breath test results and make them artificially high depending on whether the person uses their inhaler shortly before taking the test. Additionally, Dedham OUI breathalyzers can have errors.
They are supposed to be calibrated in a specific way. When they are not calibrated properly, the reading can be artificially high. Another technical reason is that the breath test could be inaccurate. The breathalyzer machine must be calibrated every 100 days. It must be annually certified and typically, they do comply with that processing in Dedham.UNDERSTANDING THE NIGHT OF YOUR ARREST
On the night of your arrest, the officer may have claimed that they made an observation of slurred speech or bloodshot, glassy eyes. When that is the case, the officer asks the driver to get out of the car to perform field sobriety tests. Usually, the officer starts with a physical test such as the one-leg stand or the nine-step walk and turn:
Field sobriety tests are tests approved by the National Highway Traffic Safety Administration that determine whether someone is under the influence of alcohol. NHTSA states that poor performance on these tests correlates to breath test results of 0.08 or above. There are a series of physical tests that determine divided attention skills and balance.
1. Horizontal Gaze Nystagmus Test
The officer asks the driver to move their eyes to the right and left and determines whether the person follows directions and whether their eyes show movement which is known as nystagmus. Based on the results of the test, the officer determines whether they believe the person had too much to drink. However, this test has not been ruled scientifically reliable and is therefore inadmissible as evidence at trial.
2. Walk and Turn Test
This is sometimes referred to as the nine-step walk and turn. In the instructional phase, the officer asks the person to stand with their hands at their side and place one foot in front of the other touching heel to toe. The officer directs the person to not start until the officer finishes giving the instructions. The officer evaluates whether the person can keep their balance and does not start too soon. Once the test starts, the officer asks the person to walk out nine steps heel to toe in a straight line and make a pivot turn. The person walks back nine steps touching heel to toe in a straight line. Throughout the test, the person must count in order.
3. One-Leg Stand Test
For the one-leg stand, the officer asks the person to stand with their feet together, their arms at their side, and not start too soon. Once the person asks the person to begin the test; the person raises their foot six inches off the ground and holds that position counting out loud for 30 seconds. The officer looks to see if the person swings, hops, puts their foot down, cannot count in order.
*While at the police academy, the officers are trained to look for certain signs of impairment when having motorists perform the field sobriety tests roadside. They have manuals and are supposed to instruct every person that takes the test in the same way. However, these tests are subjective and are easily defensible in court.WORKING WITH A DEDHAM SECOND OFFENSE OUI LAWYER
If you have been charged with a second offense OUI, it is imperative that you work with a skilled defense attorney. A Dedham second offense OUI lawyer may have experience defending individuals who are repeat offenders and could use their knowledge to build a solid case for you. Work with a qualified OUI attorney and know that you are in capable hands. Attorney DelSignore is available by phone call or by text anytime, at 781-686-5924. Please make sure to include your full name if you opt to contact us via text.