OUI Defense Attorney in Massachusetts
Understanding Massachusetts OUI Charges & Penalties
Operating Under the Influence (OUI) is a crime related to individuals who engage in drunk driving. While also called DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in other states, they fall under the same crime. Individuals can also get an OUI with the keys in the ignition, parked. In Massachusetts, a motorist operating a vehicle with a blood alcohol concentration (BAC) of 0.8% or more can be charged with an OUI.
If you are pulled over by the police, they will gather evidence to determine whether you are under the influence of alcohol or have taken enough drugs to be considered impaired. They will make observations of your appearance and behavior, and could ask you to perform field sobriety tests or take a portable breath test.
In Massachusetts, potential penalties for an OUI first offense include fines, license suspension, jail time, and mandatory alcohol education programs.
Your Immediate Next Steps Are Crucial
When you are charged with an OUI, you have the right to remain silent and the right to seek expert advice from an experienced attorney, who will help determine whether the case is one for trial or a plea deal quickly. The communication between an attorney and a client will be confidential and is essential to building a strong defense.
Building a Strong Defense Strategy for Your OUI Case
A skilled OUI attorney can determine whether your case needs a trial or a plea deal. During a trial, an attorney can cross-examine the police officer on discrepancies or issues that help your case and prove you are not guilty. Some common defense strategies can include challenging traffic stops, and results from Field Sobriety Tests, Breathalyzer tests, or blood tests. Attorney Patrick Conway will learn the specific facts of your case to create a thorough defense strategy.
Breathalyer Test
The portable breath test is not reliable enough to be used in a court of law, so the police will ask you to take another test at the station, using a breathalyzer. This test will again be used to determine your BAC, and a .08% will usually be enough to convict. You do not have to take the breathalyzer test, but a refusal will result in a suspension of your license, from 180-days to life, based on your record and age. It may be in your best interest to refuse the breathalyzer to limit the evidence that the police have against you.
Resolving the Case
If you are charged with an OUI, a skilled attorney will usually be able to determine whether the case is one for trial or a plea deal quickly. At trial, your attorney can cross-examine the police officer about countless issues which may tend to prove that you should not be found guilty.
Since this charge can happen to anyone, the legislature has come up with some “alternative dispositions” to the standard penalties. These alternatives can result in avoiding jail time, getting your license back, and even dismissal. An experienced attorney will help you navigate these complex laws and get the best result for your situation.
Patrick Conway — Your OUI Attorney in Massachusetts
Find a lawyer who will work hard to help you navigate your case while getting the best results for your situation. With years of experience as a defense attorney, Patrick Conway has helped hundreds of clients, including those charged with OUIs. We will maintain multiple points of contact and keep communication consistent for any developments in the case. Contact us for a free consultation to discover how we can help you build your defense case.
