Top Massachusetts OUI Lawyer Explains OUI Stops: A Comprehensive Guide for Massachusetts Drivers

Top Massachusetts OUI Lawyer Explains OUI Stops: A Comprehensive Guide for Massachusetts Drivers

Being stopped for Operating Under the Influence (OUI) in Massachusetts can be a daunting experience. This guide will walk you through the process, from the initial stop to potential court proceedings, helping you understand your rights and what to expect.

In this Blog OUI (Operating Under the Influence) and DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) will be interchangeably as acronyms for the same crime know colloquially as “drunk driving”

The Initial DUI Stop

When a police officer pulls you over on suspicion of OUI, it’s crucial to remember that they must have reasonable suspicion to do so

This could be based on observed traffic violations or erratic driving behavior. During this initial interaction:

  • Remain calm and polite
  • Provide your license and registration when requested
  • Avoid making incriminating statements

OUI Field Sobriety Tests and Breathalyzer

The officer may ask you to perform field sobriety tests or take a breathalyzer test. It’s important to note:

  • You have the right to refuse these tests
  • Refusal may result in an automatic license suspension
  • If you take a breathalyzer and your BAC is 0.08% or higher (0.02% for under 21), you’ll likely be arrested

The Drunk Driving Arrest Process

If the officer believes there’s probable cause, you may be arrested for OUI

At this point:

  • You’ll be read your Miranda rights
  • You may be asked to take a chemical test at the station
  • Refusing this test can lead to longer license suspension

Post DWI Arrest Procedures

Following your arrest, several steps will occur:

  1. Booking: You’ll be processed at the police station
  2. Bail: A bail amount may be set, or you might be held until your arraignment
  3. License Suspension: Your license may be suspended for 30 days if you failed the chemical test, or 180 days if you refused it

The OUI Court Process

The legal journey after an OUI arrest typically involves several stages:

1. DUI Arraignment

  • Your charges will be formally read
  • You’ll be advised of your rights, including the right to an attorney

2. Pre-Trial Conference

  • Occurs 4-8 weeks after arraignment
  • Opportunity for plea negotiations and evidence discovery

3. DWI Motion Hearing

  • Your attorney may file motions to suppress evidence
  • The arresting officer will testify about the arrest
  • Potential for case dismissal if proper procedures weren’t followed

4. OUI Trials

  • Can be a bench trial (judge only) or jury trial
  • Typically lasts one day
  • Prosecution must prove guilt beyond a reasonable doubt

Potential Drunk Driving Outcomes and Penalties

The consequences of an OUI conviction can be severe:

  • Fines up to $5,000
  • Potential jail time (up to 2.5 years for first offense)
  • License suspension for up to one year

The Importance of Legal Representation in an OUI Case

Navigating an OUI case can be complex. An experienced OUI attorney can:

  • Challenge the validity of the initial stop
  • Argue against the admissibility of certain evidence
  • Negotiate plea deals or alternative dispositions
  • Provide guidance on whether to accept a Continuance Without a Finding (CWOF)

Remember, being charged with OUI doesn’t automatically mean you’re guilty. With proper legal representation and a thorough understanding of the process, you can work towards the best possible outcome for your case.

I have been providing Operating Under the Influence (OUI and OUI Drugs, DUI and DWI) 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.* Call Mike Now at: (508) 393-4162.

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.