Massachusetts OUI Laws: What You Need to Know – From a an OUI Attorney Who Wins
Yesterday, on Tuesday, 5 November 2024, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2448 CR 0031, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI), Third Offense*. In this matter after the jury posed 3 questions to the court they returned within 5 minutes with a unanimous verdict of NOT GUILTY. Charges of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI) while License Suspended for Operating Under the Influence of Alcohol were DISMISSED. In this matter prior to the jury’s decision and several amendments and this dismissal, my client was facing a mandatory MINIMUM ONE AND ONE HALF (1.5) YEARS IN THE HOUSE OF CORRECTION with no good time or early release/parole credits as well at a THRTEEN YEAR LOSS OF LICENSE.
Operating Under the Influence (OUI) laws in Massachusetts are designed to protect public safety by preventing drivers from operating vehicles while impaired by alcohol, drugs, or other substances. Understanding these laws is crucial for drivers to avoid severe penalties and ensure road safety.
OUI Offenses
In Massachusetts, an OUI offense occurs when:
Blood Alcohol Concentration (BAC) exceeds 0.08%.
The driver is under the influence of alcohol, drugs, or other substances impairing their ability.
Penalties
Penalties for OUI offenses in Massachusetts vary based on the offense number:
First Offense:
Fines: $500-$1,000
License suspension: 45-90 days
Mandatory alcohol education program
Possible jail sentence: up to 2.5 years
Second Offense:
Fines: $600-$2,000
License suspension: 2 years
Mandatory alcohol treatment program
Possible jail sentence: 60 days to 2.5 years
Third Offense:
Fines: $1,000-$5,000
License suspension: 8 years
Mandatory alcohol treatment program
Possible jail sentence: 150 days to 5 years
Additional Consequences
Increased insurance rates.
Installation of an Ignition Interlock Device (IID).
Community service.
Loss of commercial driver’s license.
Defending Against OUI Charges
To defend against OUI charges:
Challenge BAC test results.
Question officer procedures.
Present alternative explanations.
Seek expert testimony.
Seeking Legal Representation
Consult an experienced OUI attorney to:
Understand legal options.
Navigate court proceedings.
Minimize penalties.
Prevention
To avoid OUI charges:
Designate sober drivers.
Use public transportation.
Avoid drinking and driving.
I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. <strong>Call Mike Now at: (508) 393-4162.</strong>
Resources
For more information:
Massachusetts Department of Motor Vehicles.
Massachusetts OUI laws (MGL c.90 §24).
National Highway Traffic Safety Administration.
Stay informed and drive safely.
Note: This blog post provides general information and should not be considered legal advice.