Getting charged with an OUI in Massachusetts is not any laughing matter. The OUI penalties across their state are some of the strictest nationwide. Even worse, the penalties tend to be more serious if you’re a repeat offender.
Recent legislation allows the court to keep records of your OUI convictions forever, meaning an offense decades ago could come back to haunt you today. To really have a fighting chance, you will need to work with an experienced New Bedford OUI Lawyer.
Fogarty Law offers 60-minute initial consultations for free to all potential clients. Contact New Bedford OUI Lawyer Courtney K. Fogarty of Fogarty law today if you want representation for OUI charges.
OUI Penalties
When Melanie’s Law was passed in 2005, OUI penalties changed drastically. Existing penalties became far more severe, and new criminal lawyers near me offenses were created in relation to operating a car while under the influence.
First Offense OUI
- For the first OUI offense, you’re potentially facing…
- Suspension of your license for 1 year
- Fines ranging between $500 to $5,000
- Up to 2.5 years of jail time
Second Offense OUI
- Second-time OUI offenders may be hit with the following penalties…
- Suspension of your license for 2 years
- Fines ranging between $600 to $10,000
- At the very least 30 days in prison, around 2.5 years
Third Offense OUI
- For the third OUI offense, you can be dealing with…
- Suspension of your license for 8 years
- Fines ranging between $1,000 to $15,000
- At the very least 150 days in prison, around 2.5 years
Fourth Offense OUI
- If you’re facing your fourth OUI charge, the penalties are…
- Suspension of your license for 10 years
- Fines ranging between $1,500 and $25,000
- At the very least 1 year in prison, around 5 years
Fifth Offense OUI
- If you’ve been charged with your fifth OUI, you can be sentenced to…
- Lifetime license suspension with no chance for appeal
- Fines ranging between $2,000 and $50,000
- At the very least 2.5 years in circumstances prison facility, around 5 years
Breath Test
Deciding whether to take a breathalyzer test is just a big choice. In the event that you approve and fail the test, you’ll lose your license for 30 days. In the event that you refuse, your license will be suspended for a minimum of 6 months.
The suspension for refusing is severe because regulations wants your BAC on the record. On one other hand, with out a record of a .08 BAC or higher, their state may find it challenging to prove you were actually driving while underneath the influence.
Whether you submitted to the breath test or not, I’ll use you to construct a good defense and pick apart every minor mistake the prosecution might have made. I pride myself on being probably the most zealous and meticulous New Bedford OUI lawyer available today.
Potential Defenses
With an experienced and knowledgeable defense attorney, you absolutely have a chance at getting the charges reduced or dismissed. Lots of people charged with an OUI feel like there’s no solution, but that couldn’t be farther from the truth.
Maybe your blood alcohol samples were stored incorrectly, or the test wasn’t performed properly. In that case, we could move to have that evidence trashed entirely. I’ve seen it happen before.
Some medical conditions may make individuals appear drunk, to the level they fail a breathalyzer test while sober. This really is especially common in diabetics.
If the officer didn’t follow protocols or didn’t have a suitable reason to pull you over, much of the prosecution’s evidence could become inadmissible.
No matter what your unique situation is, I’ll use you to construct a solid and calculated defense strategy.
OUI Court Process
Upon being charged with operating under the influence for the very first time in Massachusetts, you’ll receive a court date for your arraignment. At the arraignment, the charges are formally laid out, and the court will decide whether release a you or set your bail.
Next, your pre-trial conference happens 4 to 6 weeks after your arraignment. This conference is to verify you are well-informed on your case and possess all relevant information. This really is your possiblity to glean extra information from the prosecutor and discuss resolutions. Sometimes you’ll have several pre-trial conferences.
Then you’ll attend a motion hearing, where in actuality the arresting officer testifies. Our aim during this hearing is always to propose motions that limit which evidence may be used against you. We may move to suppress statements you made in violation of Miranda Rights, or even to suppress evidence underneath the Fourth Amendment of our State Constitution.
Finally, your trial date will be set. OUI trials frequently take a single day and are set before a jury or judge. If you’ve been charged with an OUI, I would recommend contacting me when you can. The earlier you start dealing with a New Bedford OUI lawyer like me, the greater our odds are to getting your case dismissed.
OUI Alcohol
Operating a car under the influence of alcohol can lead to you being hit with an OUI alcohol charge. But there exists a long road between your arrest and your trial.
The Commonwealth is required to prove that you were operating a car, that you operated it in a public space, and your BAC was above .08% when you were operating the vehicle. Whether you refused or failed the breath test, you can find quite a few avenues we are able to explore to really get your charges reduced as well as dropped.
OUI Drugs
Operating a car under the influence of narcotics, drugs, illegal stimulants, depressants, marijuana, or any other illicit substance may result in an OUI drug charge.
Exactly like with an OUI alcohol charge, their state must prove beyond any doubt that you operated a car, that you operated it in a public place, and that you were under the influence of a substance while operating the vehicle.
Whenever you use me, we’ll go over the prosecution’s charges with a fine-toothed comb. Every error, inconsistency, and mistake will be used to your advantage—and you might be surprised how often these errors are made.