Wellfleet OUI Lawyer
Attorney Michael DelSignore has helped those arrested for OUI in Wellfleet for years. Having committed my career to helping people charged with drunk driving, I can answer your most pressing questions and help you make the best decision for yourself about your case.
I tell people the following three things when I speak to someone about a recent arrest.
- How do you get your license back?
- What are the defenses to your case?
- What is the impact of taking a plea on a first or second offense?
- How will the plea impact my license if you are from another State?
If you took a breath test, the suspension is a 30 day suspension if your breath test was over .08. If you refuse a breath test on a first offense, the suspension is for six months.
The fastest way to get back on the road immediately is to accept a plea of a CWOF. When you admit to an OUI offense, on a first offense, in most cases you will be eligible to get a hardship license from the RMV, provided you can get a letter from work to justify the hardship.
However, it is not a good idea to admit to an OUI generally as the case are very winnable in court. There is a way to fight the case and have your license restored provided to the six month suspension period. When you take an OUI case to trial and are found not guilty, there is a presumption that judge will restore your license on the breath test refusal suspension. You can appeal the refusal suspension to the RMV; I have won these suspension many times but they are difficult to win so the more common method to restore someone license after a refusal is by taking the case to trial.How Do You know If You Should Plea or Go to Trial?
When Attorney DelSignore or Gaudreau evaluate a case to decide whether it should go to trial, we take into account the following information.
- We read the report to determine what our main points to make in your defense will be. For example, in a case with little to no erratic driving, we will stress that the driving does not reflect you are under the influence of alcohol. Cases without serious erratic driving are difficult for the Commonwealth to prove in court.
- We look at the field sobriety tests to determine if we can argue those exercises do not show you are impaired. In your report, the officer will only write what you did wrong. We use our knowledge of an officer’s training and how they are likely to respond to cross examination to determine how the evidence will develop during a trial. An officer’s account of how you did on the field sobriety tests is almost always incomplete in the police report. What is missing is everything you did correct. That is what having a lawyer that understands how police officers are trained to administer field tests can help you win your case in court.
- What are the consequences to the client of a guilty vs. a CWOF? For some people there is essentially no difference. In this case, it often makes sense to require the Commonwealth to prove the case in court.
If you are arrested for OUI in Wellfleet or on the Cape, call Attorney DelSignore. He has helped people all over Massachusetts win their OUI cases, avoid a conviction and get their life back on track. You can call him on his office line at 508-455-4755 or on his cell phone by call or text at 781-686-5924.