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Massachusetts OUI

Knowledgeable Drunk Driving Lawyer Serving Massachusetts Residents

If you have been charged with OUI or a related offense, you should make sure to understand your rights and assert them to the fullest extent of the law. Massachusetts OUI attorney Michael DelSignore regularly represents defendants in the Boston area and elsewhere in the state. He can advise you on your options and develop a strategy for your particular situation.

Fighting an OUI Charge

Under Massachusetts law, the criminal offense of OUI is defined as the operation of a motor vehicle with a blood alcohol content (BAC) of .08% or greater or while under the influence of marijuana, narcotic drugs, depressants, stimulants, or vapors of glue. Often, the prosecuting attorney relies heavily on the results of a Breathalyzer or another breath or blood alcohol test, but an officer’s personal observations and the results of field sobriety tests may also be considered by a judge or jury in determining whether to convict or acquit a defendant. A defendant’s refusal to engage in a field sobriety or Breathalyzer test is not typically admissible in an OUI case, but a refusal may have other consequences, including the loss of driving privileges.

If a defendant is convicted of OUI, the penalties depend upon factors such as whether the defendant has any previous OUI convictions, whether the defendant was involved in a motor vehicle accident that resulted in a serious bodily injury or death, and whether the defendant was over the age of 21. A first-offense OUI is a misdemeanor. An OUI-first conviction still has the potential to result in incarceration, fines, the loss of driving privileges, probation, and a requirement to complete a 24D program if a hardship license is sought. The penalties for OUI get steeper with each subsequent conviction. For example, a fourth-time OUI offender faces a mandatory sentence of at least one year in jail and the loss of driving privileges for at least 10 years.

In a drunk driving prosecution, as with other criminal cases, the State has the burden of proving a defendant’s guilt beyond a reasonable doubt. This applies to every element of the crime. It is the highest standard of proof in the U.S. legal system, and there are often many ways to undercut the prosecution’s version of what happened and create doubt in the minds of judges or jurors. Defenses may relate to the reason for the initial traffic stop, the manner in which the police conducted the stop or performed a test, the way that a test result or other evidence was handled, or the applicability of prior offenses, among other aspects of the situation.

Consult an OUI Attorney in Massachusetts

There may be many challenging consequences of a criminal conviction, including difficulty finding work in certain fields, the loss of educational opportunities, and the social stigma of a criminal record. Simply being arrested, however, is very different from being found guilty. If you are facing an OUI charge, you should talk to seasoned Massachusetts OUI lawyer Michael DelSignore. He can represent people who need a drunk driving attorney in Boston, Revere, Cambridge, Newton, Somerville, Waltham, Framingham, Lowell, Brookline, Haverhill, Lawrence, Salem, Worcester, Leominster, Fitchburg, Brockton, and Plymouth, as well as other areas of Suffolk, Middlesex, Norfolk, Essex, Worcester, and Plymouth Counties. For a free consultation, call us at (508) 455-4755 or (781) 866-5924, or contact us online.