First Offense OUI Charges in Massachusetts
In Massachusetts, if a driver has never been convicted of drinking and driving in the past, the police will arrest and charge the driver with “OUI Liquor – First Offense.”
After being arrested for a first offense DUI, the driver will be formally charged with the offense of “Operating Under the Influence” in Massachusetts District Court. Given the penalties and long lasting negative impact that arises as a result of a drunk driving conviction, it is best to speak with an OUI defense attorney about your case as soon as possible. Frequently, the steps taken in the immediate aftermath of an OUI charge prove to be very beneficial later in the process when defending the case.
Arrests for Operating Under the Influence of Alcohol
A vast majority of the time, first offense DUI Cases begin when a driver is stopped by a police officer or State Trooper. Following the road stop, if the police suspect that the operator is driving under the influence, certain procedures will be followed by the police on the scene.
Field Sobriety Tests
If the police officer’s initial observations lead him or her to suspect the driver is impaired, they will usually next conduct field sobriety tests. Field sobriety tests, such as walking in a straight line, standing on one foot while touching your nose, and reciting the alphabet, will be conducted by the police near the area of the stop.
Police officers generally include their observations of the field sobriety tests in their report and in their testimony to the court during future proceedings for the charge of First Offense OUI. An experienced Criminal Defense Attorney will be able to challenge the field sobriety tests when the case goes before a judge or jury.
Breathalyzer Test
In addition to field sobriety tests, the police may request that a driver submit to a breathalyzer test. If the breathalyzer reading is greater than 0.08% BAC (blood alcohol content) for drivers over the age of 21 or greater than 0.02% BAC for drivers under 21, the breath test is considered failed. A first offense failed breathalyzer test carries a 30 day license suspension (or longer for drivers under 21 years of age).
During the court case, the district attorney’s office will attempt to offer the results of the breath test into evidence, which may be challenged by an attorney based on the specific procedures taken when administering the breathalyzer.
If the driver refuses the breathalyzer test, an arrest may still be made if the police have probable cause to believe that the driver is operating a motor vehicle while impaired. Unlike a first time failed breathalyzer, a first time refusal of the breathalyzer tests carries a 6 month driver’s license suspension.
Depending on the circumstances and the procedures taken by police when administering the breathalyzer, your criminal defense attorney may be able to challenge the admissibility of the breath test into evidence by way of a motion to suppress. A criminal defense attorney will also work to negotiate a resolution with the District Attorney if applicable under the circumstances.
Medical Records to Prove DUI
If there was an accident of the driver was taken to the hospital, the prosecutor may make a motion to enter the medical records of the defendant into evidence to prove that the operator was driving with a blood alcohol content greater than 0.08%. When facing OUI Charges, it is important to have an experienced defense attorney carefully evaluate and challenge the admissibility of any evidence being offered by the DA to prove guilt.
Driver’s License Suspensions From DUI Charges
In addition to defending drinking and driving charges in Massachusetts District Court, the Massachusetts Registry of Motor Vehicles also issues license suspensions as a result of an OUI. The RMV suspensions are applied in two separate steps:
- Breathalyzer (Breath Test) Suspensions; and
- Court Disposition Suspensions.
Breathalyzer Driver’s License Suspensions
When the police suspect that a driver is under the influence of alcohol, the officer may request a breathalyzer or “breath test.” Once the breathalyzer test is requested, the accused has 2 options: take the breathalyzer test or refuse the breathalyzer test.
License Suspensions following a Failed Breathalyzer Test
If a breath test is requested by the police and the operator consents, a breathalyzer test will be conducted. If the result of the breathalyzer show a blood alcohol content of 0.08% or greater, it is considered a “failed” breath test.
If a driver fails the breathalyzer, the Registry of Motor Vehicles will first suspend the operator’s license for 30 days. Once the 30 day period has passed, the accused may reinstate their right to operate in Massachusetts. Yet it is important to note: even after a drivers license is reinstated for a failed breath test, a license may be re-suspended at the conclusion of the court case unless a not guilty verdict is obtained (more about court OUI license suspensions below).
License Suspensions following a Breathalyzer “Refusal”
If a driver suspected of driving under the influence of alcohol refuses a breathalyzer test, the RMV will suspend their drivers license for 180 days. Massachusetts has created a longer suspension period for breathalyzer refusals than breathalyzer failures in an effort to provide an incentive for operators to consent to a breathalyzer test when requested by the police. After the 180 day suspension, a driver may reinstate their license while the criminal charges are pending in court.
License Suspensions From an OUI Conviction or Alternative Disposition
At the conclusion of the case, the court disposition may trigger a second license suspension. Depending on the verdict of the court, the operator may be entitled to a “Hardship” or “Cinderella” License during the license suspension period. Having an attorney guide you through this process frequently eliminates unnecessary suspension time and headache.
1st Offense OUI Arraignments in Massachusetts Trial Court
Following an arrest, the driver will be brought to the applicable district court to be arraigned by a judge. During the Arraignment in the Massachusetts Trial Court, the judge will enter a plea of not guilty and will address any conditions of release, including any bail amount required for release, if any.
Following the arraignment, the judge will often give defendants time to hire their own defense attorneys prior to the next court date. Usually, the court will set the case us for a “pre-trial hearing” during the arraignment proceedings and will inform the defendant that they have a right to hire a private lawyer or move forward unrepresented by counsel.
During the criminal defense process, an OUI defense lawyer will challenge certain aspects of evidence in order to minimize the consequences of the criminal charge. If an appropriate resolution cannot be met, an OUI lawyer will defend the accused at a jury trial or bench trial.
Affordable Flat-Fee First Offense OUI Lawyer
At Caselden Law, our firm has successfully defended OUI charges in courthouses in Boston and throughout Massachusetts. Through our client focused approach to our practice , we have been able to achieve the best possible outcomes for our clients while minimizing the stress associated with the court process.
Contact Us to speak with an experienced Massachusetts OUI Attorney about your case. We will provide a clear explanation of our services as well as a fixed cost for legal representation. All initial consultations are free of charge and entirety confidential.
Fixed Legal Fees. Contact Us for a No-Obligation Case Quote.