Dedham Third Offense OUI Lawyer
An OUI third offense is a serious offense, with serious consequences. Often, the courts are less lenient because the individual is a repeat offender. However, with the help of a skilled OUI attorney, can help. Your Dedham third offense OUI lawyer could examine the facts of your current case and previous cases, look for mitigating circumstances, and present them to the court.
Penalties for a Third Offense OUI
Attorney DelSignore explains the three most important things you should know if you are facing an OUI third offense
For a third offense penalty, the person is looking at a mandatory six-month jail sentence and an eight-year license loss. The minimum is six months with 150 days to serve. The person could be sent up to two and a half years in the House of Corrections. On a third offense, many judges will probably sentence the person to around the minimum, depending on when the prior offenses happened, the severity, whether there was an accident, and whether there is a victim involved.
In some cases, though, the government will agree to reduce the third offense to a second offense. If they do this, this spares the defendant jail time. However, the person will still have to do the 14-day inpatient program, but the license loss will still be the eight years as if it was a third offense because the registry is going to count the number of offenses the person has in their lifetime.
If you refused the breath test after being charged with OUI, you will have a 5-year licnese suspension. If the person takes the breath test and fails, it is still a 30-day license loss for the refusal. If there is an accident, it is possible the person will get an immediate threat of suspension as well but, typically, it will either be a five-year loss for refusal or 30 days if they took a breath test. The process of challenging the suspension of a license is the same, even for a third offense.
What happens if I was arrested and charged with OUI but I do not have a valid license?
When a person is charged in Dedham with OUI without a license, and if the license was suspended due to a previous OUI offense, the person could be looking at a mandatory minimum of 60 days of jail time.
The charges of driving on a suspended license and an unlicensed are fairly similar. They are treated similarly unless the license is suspended for an OUI. That is a different set of penalties. Driving without a license can lead to enhanced penalties when a person's license is suspended for OUI. Additionally, driving without a license can be mentioned at trial which could create a negative impact on jurors considering the case.
Common Constitutional Issues in Dedham OUI Cases
Fifth Amendment rights against self-incrimination can also arise in OUI cases. A person has certain rights that are provided when the individual in custody and prior to being interrogated. In Massachusetts law, typically courts have held that roadside questions do not require the officers to provide Miranda warnings.
The person's rights are not implicated at that point. When a police officer stops somebody under suspicion of OUI, however, there are times that those rights could become implicated. If officers are looking for evidence against the defendant, they will likely be asking investigatory questions.
If an attorney notices violations of certain constitutional rights, that allows the attorney to file and argue motions to suppress evidence. Suppressed evidence may include statements made to the police officer or any alcohol found in the car that might have been seized by the police officer. That evidence might be inadmissible at trial because it was a violation of the driver’s rights.
The Fourth Amendment is a person’s right to be secure on their person, vehicle or home. Without a search warrant, police cannot search those areas that are implicated in the Fourth Amendment. There are exceptions, and one commonly used in OUI cases is the inventory search of the person's vehicle. If a person’s Fourth Amendment rights have been violated, or if a person or vehicle has been searched without a warrant.
Understanding the Role of an Expert Witness in an OUI Case
The prosecution presents expert testimony as needed in an OUI case. In Dedham, the prosecution may have an expert testify on breath test evidence. To have an expert witness testify in court, the prosecution goes through the same process to make sure the person is qualified for the judge.
The court might qualify someone as an expert witness if they have a record of expertise in their field. An expert demonstrates their expertise through education, experience, publications, and awards. A showing is made before the judge that this person is an expert in their field. The defense counsel asks the judge to recognize the person as an expert. As long as the requirements are met, the judge can qualify expert witnesses in Dedham OUI cases.
A defense attorney may present their own expert witness to refute the expert testimony presented by the prosecution. They could also attack the credibility of the expert witness through cross-examination.
Expert witnesses in Dedham OUI cases can be helpful for the defense, especially when a breath test is introduced as evidence. The defense counsel might bring in an expert witness to show why breath test evidence is unreliable, especially as it relates to their client.IMPACT OF AN EXPERT IN COURT
At trial, an expert witness is put on the witness stand. When the witness testifies for the defense, the defense counsel presents the expert’s qualifications. The attorney asks questions of the expert witness that assist their client’s case. Through direct examination, the attorney points to the testimony of the expert witness to prove their argument. The prosecution could cross-examine the expert witness. Many juries and judges tend to place a lot of confidence with a person who is specifically trained in a certain subject. Expert witnesses have a lot of influence in the courtroom.
Benefits of Hiring an Attorney to handle your OUI third offense in Dedham
Being charged with a third offense OUI is a scary situation for most. These charged carry stiff penalties and have a long license loss period. It is crucial you consult with an attorney early on in your case in order to maximize the results. Call us at DelSignore Law today. We have handled many third offense OUI’s in Dedham and across Massachusetts, 781-686-5924.