Sturbridge OUI Lawyer
When you or a loved one are charged with an OUI, put your faith in someone you can trust. Attorney Michael DelSignore has handled every level of OUI case: first offense through fourth offense. Let him handle yours too.
An OUI is difficult for the Commonwealth to prove in court because they must prove BEYOND A REASONABLE DOUBT that you were impaired by alcohol or drugs while operating your vehicle. The police officer arrested you because they believed that you were guilty of this crime. For this reason, an OUI charge is opinion based and is easily arguable in a court of law.Some things are uniform across all levels of OUI offenses
Bail amount depends on: your criminal record, your ties to the community in which you were arrested, employment history, your record of appearing in court, and the strength of the case against you.
Additionally, the National Highway and Traffic Safety Administration has conducted studies that prove the minimal reliability of field sobriety tests. This is an easy defense tatic if you failed field sobriety tests.FIRST OFFENSE CASES
This is the most common case OUI lawyers handle. A first offense may require bail, but often you will be released on your promise to return to court for trial. It is uncommon for the Commonwealth to convict jail time for this charge.
Consequences: raised insurance costs, court mandated fees, possible community service, probation compliance, and completion of the 24D alcohol and drug education program.
If you are being charged with your second OUI, the level of penalty depends on how long ago your first OUI was, where your first conviction took place, and eligibility for the Cahill Disposition. Jail time is more frequent on a second offense than a first but can still be avoided in some cases.
Consequences: up to $10,000 in fines, $300 in fees, license loss for 2 years, installation of interlock device on your vehicle, and possible jail time. It is possible for a judge to grant you suspended jail time, pending completion of a 14 day inpatient program.
If your first offense was more than 10 years before your second offense, the judge may grant you a lesser sentence: a shorter license loss and the interlock device installed for 2 years (if you took a breath test) or 5 years (if you refused a breath test).THIRD OFFENSE CASES
A third OUI offense is considered a felony offense and means you may be tried to spend time in state prison. Your prior history does not bode well for a good outcome in your case and so it is important to onsider getting alcohol treatment after your third arrest. Bail will (almost) always be required and it is possible for the court to hold you for 90 days without bail.
Consequences: up to $15,000 in fines, mandatory jail time for 6 months and license loss for 8 years with additional time possible for fail/refusal of breath test.
The courts take fourth offenses very seriously and will require jail time if you do not win your case. If you are tried by a judge, they will know this is your fourth offense and will take that into consideration, whereas a jury will not know. Additionally, you may be tried for a dangerousness hearing where the Commonwealth can hold you up to 120 days without bail if you are considered a danger to the community.
Consequences: license loss of 10 years and mandatory jail time for 1 year, with the possibility of 5 years in state prison.
Call or text Attorney DelSignore directly for a free consultation about your case at (781) 686-5924. It is never too early or late to call us; we are here to help you.
Our passion is to help those in need. Contact us today.