An arrest for Operating Under the Influence is one of the most common, life changing and intimidating charges in District Court. For the majority of first time offenders this is their first entry into the court system and never have experienced the stresses of being a defendant. The fear of jail, fines, outpatient and in-patient treatment programs, probation and a lengthy driver’s license suspension are all potentially quite intimidating. Even when you eventually are eligible to get your driver’s license back, you could end up paying thousands of dollars in high-risk insurance premiums. If you are convicted of a second OUI offense, you face a 60-day mandatory minimum jail sentence or a 14-day in-patient treatment program. I will review the penalties below.
Like most states, “drunk-driving” laws in Massachusetts change frequently. DUI/OUI/DWI arrests are up in Massachusetts since the passage of “Melanie’s Law,” on October 28, 2005. This new legislation substantially increased the penalties for DUI/OUI/ Drunk Driving convictions. The consequences for refusing a Breathalyzer test increased as well, with more severe license suspensions and increased penalties for offenders with past OUI’s. The law imposed an immediate suspension upon refusal of a chemical breath test and eliminated the 15-day temporary licenses, which were previously issued to offenders who refused the Breathalyzer. That is why it is so important to look at every issue available to win your case. Also, don’t think if you have an out of state OUI that Massachusetts won’t count it. Think again. If you are arrested here and you have a 15-year-old New Hampshire OUI, you will be charged as a 2nd offender.Remember if the case results in a win at trial or a dismissal, your penalty is nothing. Most District Attorney’s offices do not dismiss OUI’s so you better have an experienced attorney to be willing to take your case to trial if the facts warrant. Please take a minute to review some of my more recent OUI cases and their results. A CWOF (Continuance Without a Finding) can be good but essentially you will get the same penalties for a first offense should you have gone to trial and lost. Don’t let an attorney tell you I can get a CWOF and in a year the case will be dismissed. That’s great for an assault & battery charge but it doesn’t do much for an OUI, and should you ever get another OUI, it will be treated as a second, even if your CORI shows the 1st offense dismissed. I win over 80% of the OUI cases I take to jury trial and quite frankly don’t ever remember losing an OUI jury waived trial. Not every case can be won so if the need arises I can certainly help you receive the absolute minimums proscribed under our law. I can also help you work out the minimum penalty allowed by law .
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I have had tremendous success in the area of my practice and understand what needs to be done in order to increase your chances of obtaining a successful result. If you have questions, please contact me at my office at (508) 791-9001 or by cell phone at (508) 769-7995. You may also e-mail me Michael@criminaldefenseworcester.com or text me. I take great pride is a very quick response time and will promptly schedule a free initial consultation at your convenience. I have also begun to conduct quite a few meetings via FACETIME or SKYPE for those clients who are either out of state or have license issues.