Bristol county OUI Attorney
Fighting DUI Charges Throughout Wrentham, Taunton, Attleboro, and Norfolk County
Driving while under the influence of alcohol and/or drugs in Massachusetts comes with serious consequences. An individual found guilty of the offense may spend time in jail or prison and be ordered to pay hefty fines. Additionally, while the loss of driving privileges may be a consequence of a conviction, it can also occur immediately after an arrest if the driver refused or failed to submit to a blood or breath analysis to determine the level of alcohol or the presence of drugs in their system. If you were arrested on suspicion of OUI, do not lose hope in your case. Although the potential penalties are severe, they are not a guarantee. You are innocent until or unless proven guilty, and you have the right to fight your charge and pursue a favorable outcome.
At The Law Office of Brett V. Beaubien, our Massachusetts OUI lawyer delivers personalized attention in complex criminal matters. When you hire us, we will listen to your side of the story to determine avenues available for challenging the accusations against you. Our attorney will also review the facts and analyze the evidence, including the chemical test results, to identify any legal procedural errors, violations of your rights, and/or weaknesses in proof. Employing a sophisticated approach and developing comprehensive legal strategies, we seek just results for our clients.
What Constitutes an OUI in Massachusetts?
The definition of an OUI is outlined in Massachusetts General Laws Chapter 90 § 24. Individuals may be charged with a violation if they operate a vehicle on public roads with a blood alcohol concentration (BAC) of 0.08 or greater.
Persons may also be accused of an OUI offense if they drove while under the influence of alcohol, drugs, marijuana, and/or other intoxicating substances. The driver might be considered under the influence if their normal faculties were impaired to the point that they were unable to control their vehicle safely.
What Are the Potential Penalties for an OUI Conviction?
Operating under the influence is a serious offense that carries harsh potential punishments. Depending on various factors, the possible penalties can include lengthy terms of incarceration and hefty fines.
Below are examples of sanctions that can be levied in these cases:
- First offense:
- A fine between $500 and $5,000 and/or
- Incarceration for up to 2 ½ years
- Second offense:
- A fine between $600 and $10,000 and/or
- Confinement for 60 days to 2 ½ years
- Third offense:
- A fine between $1,000 and $15,000 and/or
- Confinement for 180 days to 2 ½ years or
- Confinement for 2 ½ to 5 years
By aggressively fighting your charge, you can seek to avoid or minimize the severe consequences of a conviction. Allow our OUI lawyer in Massachusetts to assist with your case and deliver the advocacy you need.
First-offense cases with no aggravating factors and where a person has limited, or no criminal history, might not result in jail by resolving the case with an alternative disposition under M.G.L. c. 90 §24D. If the judge approves of the Section 24D program disposition, the person will not have to go to jail and may resolve their case without a guilty conviction on their record.
“Second chance” or “Cahill” dispositions under Section 24D. While second-offense penalties include mandatory jail time or participation in an in-patient treatment facility, you may be eligible for the “second chance” or “Cahill” disposition under Section 24D if the date of your first OUI conviction came ten years or more before the date of the commission of your second offense. If a judge approves you for this second chance program, your second-offense OUI will be treated as if it were a first offense, thus avoiding the harsher penalties that otherwise would come with a second offense.
“Cahill” refers to the name of the case, Commonwealth v. Cahill, 442 Mass. 127 (2004), where the Supreme Judicial Court held that a judge could not impose a two-year license revocation when a defendant received the “second chance” Section 24D disposition.
Talk to our Massachusetts OUI lawyer about the specific facts of your case to learn more about whether you qualify for these alternative dispositions.
Can You Lose Your Driver’s License for an OUI in MA?
Confinement and fines are not the only penalties imposed in an OUI case. You could also be subject to the loss of driving privileges. This can happen in two ways.
The first way you can lose your driver’s license for an OUI is if you refuse or fail a chemical test. Under the implied consent law, drivers in Massachusetts are deemed to have agreed to provide a breath or blood specimen for analysis after being arrested for an OUI.
You can refuse to give a sample. However, you can face a driver’s license revocation for 180 days to life, depending on the situation.
Because the law presumes that a person is under the influence if they have a BAC of 0.08 or greater, if yours is above the legal limit, you could also lose your driver’s license. The revocation period lasts until your case concludes.
The second way your driving privileges may be taken away is if you are convicted of OUI.
Possible revocation periods are as follows:
- 1 year for a first conviction
- 2 years for a second conviction
- 8 years for a third conviction
If you are sentenced under the Section 24D alternative disposition for a first offense or receive a “second chance” Section 24D disposition on your second offense, the court can revoke your license only up to ninety days instead of one year.
At The Law Office of Brett V. Beaubien, we understand the hardships that can come with losing driving privileges. That is why our Massachusetts OUI attorney works tirelessly for our clients, seeking to protect their driver’s licenses.
Schedule a Consultation Today
Understandably, facing an OUI charge can be overwhelming. The criminal justice process may be unfamiliar, and the outcome is unknown. Our lawyer will explain your charges, rights, and legal options. We will also be responsive to your questions and concerns, alleviating some of your stresses.
Discuss your case with us by calling (401) 427-4280. You can also submit an online contact form, and we will respond promptly.