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What are the Top 5 reasons to Take and OUI Charge to Trial?

The question of whether to take an OUI charge to trial or not can be answered once the case is assessed. This assessment will offer an insight into the likelihood of a severe sentence versus the potential results of a plea deal. Additionally, license consequences weigh heavily in any decision to accept a plea or contest a matter at trial.

Prior to deciding whether or not to take your case to trial, it is important to consider the costs and benefits of your decision, and how these relate to whether this is a first or repeat offense.

1st OFFENSE2nd OFFENSE3rd OFFENSE
  • The penalties are not much different after trial and before trial. If you are found guilty after trial you will receive a guilty finding rather than a CWOF (continuance without a finding).
  • Common sentence after trial: Guilty, one year probation, complete the 24D program
  • Prior to Trial: CWOF, one year probation and completion of the 24D program.
  • Will have to receive permission to travel out-of-state and are not permitted to leave the country
  • Under either scenario, the license loss is generally 45 days.
  • An individual must balance the more severe license consequences with a heightened risk of jail time upon conviction.
  • The ignition interlock requirement and 2 year license loss
  • The 14 day in-patient program requires your attendance at this program for 14 consecutive days and you are not allowed to leave.
  • If there is no offer to reduce a 3rd offense to a second, a 3rd offense involves mandatory jail time as well as an 8 year license loss.
  • However, on a third offense a judge could impose more than the minimum jail sentence after trial.
  • As mentioned above, there are many questions you must ask yourself when deciding whether or not to take your case to trial:

Considering the potential consequences outlined above, there are many questions you must ask yourself when deciding whether or not to take your case to trial:

  • Can you go without driving for the period ordered by the Court?
  • Can you abide by the conditions of probation?
  • What are the consequences to your driving record of an OUI conviction?
Why take an OUI charge to trial?

Once you have considered the costs and benefits of accepting a plea agreement versus taking the case to trial, here are the 5 fundamental factors you should consider when making your decision:

1. Massachusetts has a lifetime look back for OUI convictions- Avoid an OUI on your criminal record.

2. OUI cases are difficult to prove as they are based on subjective observations that can be argued in court.

3. If this is a first offense, the benefits of going to trial far outweigh any potential costs.

4. Avoid negative job and lifestyle consequences

5. Preserve the status of your driving license.

Having an experienced Massachusetts OUI Lawyer means the prosecution will face a challenge that is designed to protect your rights and obtain a not guilty verdict. Much of the fear of going to trial may involve all of the evidence that the State has gathered but that evidence can be challenged. Often times those arrested for OUI believe that since they were arrested and police indicate that they failed tests or had slurred speech, glassed eyes, among others, that their guilt is almost assured in the law. However, an experienced OUI lawyer can obtain and highlight critical evidence in your OUI case that may demonstrate to the judge or jury your innocence.

Massachusetts DUI Attorney Michael DelSignore will gladly discuss with you the trial process, to help you understand what will occur, alleviate your anxieties and resolve any confusion you have regarding the court process. You can reach Attorney DelSignore by cell phone any time at (781) 686-5924.