Drunk Driving (Operating Under the influence)

Drunk Driving Defense from an experienced OUI lawyer and former prosecutor

A drunk driving offense is more than a traffic citation; it is a criminal offense in the state of Massachusetts. Massachusetts has very strict laws regarding drunk driving and if you are charged, it stays on your record permanently.  For each subsequent offense, the penalties increase substantially. Even a first offense can have long-lasting effects.  Therefore, if you have been arrested for OUI, you should contact an attorney immediately to preserve your rights.

Be aware that you do have rights, which police must inform you about during the arrest. If the police suspect you of drinking and driving, they will begin by asking you that. If in fact you have been drinking, it is best not to admit it.  Depending upon how much alcohol you claim to have consumed, your admission alone may constitute “probable cause” for the police to arrest you and give you a Breathalyzer test.

Many people every year are falsely accused and charged with OUI, and they suffer for it. Failing a field sobriety test does not mean you are impaired or intoxicated while driving a vehicle; it just means you failed a test forced upon you under pressure. Given the circumstances, many of us would succumb to the stress of a field sobriety test.

For a first offense, if you take and fail a Breathalyzer test, you lose your license for 90 days; if you refuse to submit to a test, you face a license suspension of 180 days.  If you are convicted of a first offense, you face stiff penalties including jail or probation time, fines, and costly alcohol education classes.

If you are either under 21 or have already been convicted of an OUI and refuse the test, you face losing your license for a whole year.  However, if you have an experienced OUI attorney, it is sometimes possible to get a hardship license, which allows you to drive to and from school or work 12 hours a day during your trial.  Although your refusal to take a Breathalyzer might result in a longer license suspension, in Massachusetts, the fact that you refused the test cannot be used against you in court.

You do not have to accept a conviction or offer of a plea bargain.  An experienced OUI lawyer can challenge the prosecutor’s evidence and could have the charge reduced or dropped.