Massachusetts OUI Charges in District Court
Following an arrest for Operating Under the Influence of Alcohol with a BAC of 0.8% or greater, the accused must defend the charges in Massachusetts District Court. The case begins with an arrest. Often times, those arrested for a first offense OUI will be required to post a $40.00 fee in order to be released from the police station or jail. Once released, the accused will be required to appear in court for an arraignment. Following the arraignment, the accused will be given a further date to appear in court in order to have an opportunity to hire a lawyer to assist in the defense of the charges of drinking and driving.
Under Massachusetts Law Chapter 90 Section 24 , it is a criminal offense to operate a motor vehicle under the influence of alcohol with a blood alcohol content (BAC) of 0.08% or more. Following an arrest for operating under the influence, it is imperative to speak with an experienced Massachusetts Criminal Defense Lawyer about your situation. In addition to taking immediate steps with the court, an attorney will also help guide you through the driver’s license suspension process with the Registry of Motor Vehicles.
At Caselden Law, our Cambridge, MA Law Firm has successfully defended OUI charges in courts throughout Massachusetts. When fighting OUI Liquor charges in District Court, the prosecution will offer a wide range of evidence in order to prove their case, including the results of any breathalyzer tests and field sobriety tests. Furthermore, the police will likely testify as to any signs of operator impairment at the time of the stop.
An experienced DUI Defense Attorney will carefully review each piece of evidence being offered by the District Attorney in order to challenge any aspects of the case that may be detrimental. A keen understanding of the Massachusetts Drinking and Driving Laws is necessary in order to achieve the best outcome possible.
DUI Penalties in Massachusetts
Commonly referred to as an OUI, DUI, DWI or simply drunk driving, the penalties for this charge vary depending on whether or not the accused has had any previous drunk driving convictions.
The laws surrounding OUI cases in Massachusetts are constantly evolving. In order to achieve the best outcome possible, it is necessary to have a complete understanding of both the OUI court process and the RMV process regarding suspended / hardship licenses.
First Offense OUI Penalties in Massachusetts
For a First Offense DUI, the case maybe resolved in a number of ways. Punishments for first offenses are broken down into 2 separate categories: Guilty Convictions or Alternative Disposition under M.G.L. Ch. 90. Sec. 24(d).
Possible penalties for a first offense guilty finding for driving while intoxicated in Massachusetts include:
- Jail time up to 2 1/2 years
- Fines ranging from $500-$5,000
- 1 year license suspension (in addition to any suspension imposed as a result of a failed or refused breathalyzer test)
- Conviction on Criminal Record
Often times, our firm is able to negotiate what is known as an “Alternative Disposition” under section 24D. The penalties imposed under an alternative disposition include:
- 1 year of probation
- Completion of the Driver Alcohol Education Program
- Court fines
- License suspension of 45-90 days
- No Guilty finding on criminal record if probation is successfully completed
- Hardship License Eligibility immediately after enrolling in Driver Alcohol Education Program
Second Offense OUI Penalties
Possible penalties for a 2nd DUI conviction in Massachusetts includes:
- Jail time up to 2 1/2 years
- Fines up to $10,000
- License Suspension for 2 years (no hardship license for 1 year)
- Installation of Ignition Interlock Device
Under Massachusetts Law, there is an alternative disposition for 2nd offense oui charges which includes the following penalties:
- 2 years of probation
- Completion of a 14 day in-patient Alcohol Treatment Program
- License Suspension for 2 years
- Installation of Ignition Interlock Device
As a client of our Law Firm, your OUI Lawyer will fully explain the procedure and will zealously advocate on your behalf throughout the entire process. Our firm specializes in OUI cases involving Alcohol, Marijuana, and other drugs. To lean more about our OUI Marijuana / OUI Drug Defense, please click on the button below.
If you have been arrested by the police and charged with operating a motor vehicle under the influence of alcohol or drugs in MA, Contact Caselden Law to speak with an experienced Greater Boston OUI Defense Attorney about your case. Our DUI criminal defense law firm is located in Cambridge, MA and represents clients charged with drunk driving crimes in Boston and throughout the Commonwealth.
Defending Drunk Driving Charges in Massachusetts
No two drinking and driving cases are the same. For that reason, it is important to develop a legal defense strategy that is specifically tailored to the facts of your case. Some of the more common and important factors that need to be considered include:
- whether or not a breathalyzer (breath test) was administered or refused;
- whether or not field sobriety tests took place and the manner in which they were conducted;
- the validity of a sobriety checkpoint arrest;
- the observations of any police officers or State Troopers;
- witness testimony;
- reports; and
- other admissible evidence.
An OUI lawyer will recognize any missteps in the collection or preservation of the evidence being offered against you and will file the applicable Motions to Suppress to be argued to the judge.
As a client of Caselden Law, we work tirelessly to ensure that you are provided with the best OUI legal defense available. If you took a breathalyzer or submitted to field sobriety tests (walking in a straight line; reciting the alphabet, stand on one foot, submitting to the Preliminary Breath Test (PBT)), your Boston OUI Lawyer will challenge the admissibility of that evidence through pre-trial motions. If the case cannot be disposed of through extensive plea negotiations (if applicable) with the prosecuting district attorney, we will zealously advocate on your behalf at trial.
There is no substitute for quality legal advice when facing an OUI charge in Massachusetts. Your criminal defense attorney will fully explain your rights during every step of the process and will ensure that every detail of your case is meticulously examined. It is often the minor details of a case that are easy to overlook which make the crucial difference in the end.
In addition to the process which plays out in a courtroom, every driving under the influence of alcohol case also has potential implications on an individual’s Massachusetts Driver’s License. Our firm is well versed in the law pertaining to a suspension of a MA Driver’s License as a result of a DWI offense and will fully explain the situation as it pertains to your ability to drive and/or obtain a hardship license. We fight to minimize or avoid any driver’s license suspension assessed as a result of a drinking and driving charge.
Affordable Flat- Fee Massachusetts OUI Criminal Defense Lawyer
At Caselden Law, we understand that being charged with operating under the influence is a very stressful and confusing situation. In addition to dealing with the court system, clients often find that their day to day lives are greatly impacted by this charge.
Recently, Massachusetts laws pertaining to the charge of driving under the influence of alcohol (liquor) or drugs were reformed by the legislature. Through superior legal counsel, our firm will advise you every step of the way in order to navigate MA drunk driving laws. If you or a family member has been arrested for OUI / drunk driving in Massachusetts, Contact the experienced Criminal Defense Law Firm of Caselden Law to set up a free of charge initial consultation with a dedicated Greater Boston Drunk Driving Defense Attorney.
Our office is conveniently located in Cambridge, Massachusetts – walking distance from public transportation and the MBTA. We always put our client’s interests first and pride ourselves on open and continuous communication. Please contact our office to speak with a Greater Boston driving while intoxicated attorney regarding your case. We are available to take your call around the clock, 24 hours a day, 7 days a week or you may contact us online through the submission form below.
All initial consultations are free of charge.
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