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Nantucket OUI Lawyer
Attorney DelSignore explains what you can expect after being charged with OUI in Nantucket.
Nantucket is a popular vacation spot in the summer, but some people unfortunately find themselves in a situation where they have been arrested after a night of drinking. Because Nantucket may not be your home town, you may be confused about what will happen and how your case will proceed. If you have been charged with operating under the influence in Nantucket, you should contact an attorney at DelSignore Law today to discuss your options.
I was arrested for OUI in Nantucket. Am I facing a misdemeanor or a felony offense?Rest assured, if you are charged with your first or even your second OUI offense you are only facing a misdemeanor charge. Massachusetts laws defines a misdemeanor offense as any offense that carries jail time less than 2.5 years as a penalty of being found guilty of the crime.
Your OUI offense may be a felony if it is your third or higher offense OR if it involves death or serious bodily injury to another person. Charges of fourth and fifth offense OUI’s may be indicted to the Superior Court and you could face up to five years in prison. However, if you are facing your third offense in Nantucket you can expect it to be heard at the district court level.
What does it mean if the officer alleges that I failed field sobriety tests?
If you have been pulled over and the officer believes you were drinking, they are going to have you perform a number of field sobriety tests such as:
- The nine-step-walk-and-turn
- The horizontal gaze nystagmus
- The one-leg stand
You should know that nervousness and medical issues such as a bad knee or hip may have an impact on how you perform these tests, especially under the pressure of having an officer observe you. Field sobriety tests are subjective (opinion-based) and are not considered factual. In court, we are typically able to challenge these tests which may work in your favor. Learn more about field sobriety tests on our educational website here.
What court will hear your case?Your case will be heard in the Nantucket District Court which cover all of Nantucket County. The court is located at 16 Broad Street in Nantucket, MA 02554.
While every case is different, you can expect your case to take anywhere between 6 months to a year- sometimes shorter, sometimes longer. If you took a breath test, you can expect your case to take a bit longer as there will be some extra steps we will need to take to hopefully get the breath test knocked out in court. The fastest way to resolve a case is to take a plea deal, but you should consult with a DelSignore Law attorney to discuss the best options available to you.
Even though the court may not be located close to where you reside in Massachusetts, you should plan to appear at every court date. However, in some cases, your appearance may be waived.
What are the next steps that I should take?Whether or not you have had your initial arraignment, it is not too late to contact a DelSignore Law attorney today; we will take the time to thoroughly review your case and give you honest feedback. We would be happy to meet with you at one of our office locations located throughout Massachusetts. You can contact Attorney DelSignore today at 781-686-5924 to set up an appointment.
If you are concerned you may be facing jail time due to your OUI charge, visit our website to learn more about what kinds of offenses constitute jail time. You can read our case results by visiting our website here.
In this case, our client traveled to Nantucket for a work commitment and was pulled over by local police for allegedly crossing the marked lanes. When the office suspected the client may have been drinking earlier that night, he asked the defendant to perform field sobriety tests and ultimately concluded that he was under the influence of alcohol. Attorney DelSignore had an extensive discussion with the prosecutor on the case about dropping the OUI charge and instead having the defendant face a negligent operation charge. This is very rare and almost impossible in most courts in Massachusetts. The OUI was dismissed and our client will have no criminal conviction on his record!
