Worcester OUI Lawyers

Avoid Pleading Guilty — Contact (508) 570-3037 for Legal Assistance in Middlesex and Hampden Counties

Massachusetts law refers to drunk driving as OUI, but it is more commonly referred to as DUI. If you have been arrested for operating under the influence (OUI), you have a decision to make. Should you plead guilty, or should you fight the charges? People often mistakenly assume that pleading guilty is the quickest, easiest way to make the problem go away. However, in Massachusetts, an OUI/DUI conviction will remain on your record forever, which is why you should consider hiring our skilled Worcester County OUI attorneys.

Our Comprehensive OUI Legal Services Include:

• Ambien OUI
• BAC tests
• CDL OUI
• Child endangerment DUI
• Field sobriety tests
• First-offense OUI/24D programs
• Underage OUI
• Out-of-state DUI charges

Before you plead guilty, consult with our OUI attorneys in Worcester County. We can be reached at (508) 570-3037 or through this online form.

What Is an OUI in Massachusetts?

You have the right to contest OUI charges. Although field sobriety tests are still employed extensively, the court system has to consider scientific evidence from breathalyzers or blood tests in order to determine the severity of a charge. This means that a person may pass a field sobriety test but still be convicted for being above the legal limit based on blood alcohol level.

In the state of Massachusetts, a blood alcohol content (BAC) of 0.08% is generally considered grounds for arrest. However, the percentages can be more stringent depending on the vehicle being driven and the age of the driver. Commercial vehicle operators are considered intoxicated if they have 0.04% or higher BAC, and drivers under the age of 21 can be arrested for as low as 0.02% BAC. The offense of drunk driving is not as straightforward as might be assumed, and it is important that all drivers have the necessary knowledge.

At the simplest level, drunk driving for private citizens in Massachusetts becomes a legal offense when three factors are present. These include:

• The operation of a motor vehicle, including motorcycles, scooters, tractors, ATVs, and even ride-on lawn mowers
• The vehicle is being driven on a public roadway. Private lands such as driveways and backyards would not be applicable to the commission of an offense, but public parking lots, dirt roads designated for public access, and commercially owned access roads are considered public.
• The driver’s BAC is 0.08% or higher or the driver exhibits impairment. This factor can come under varying scrutiny, depending upon the above-mentioned considerations for BAC, but in Massachusetts, the 0.08% mark is generally used as the legal definition of intoxication.

What are the Penalties for OUI in Massachusetts?

If you have been charged with a first OUI offense, our skilled lawyers may be able to get your license back for you within a week by applying for a hardship license. Our lawyers will gather the necessary documents and represent you at the Registry of Motor Vehicles (RMV) hearing.

The penalties for conviction of a first OUI offense may include:

• Fines from $500 to $5,000
• Up to two and a half years in prison
• License suspension of up to one year

The penalties for conviction of a second OUI offense may include:

• Fines ranging from $600 to $10,000
• License suspension for 2 years
• Mandatory alcohol or drug treatment program
• Up to two and a half years in jail

The penalties for conviction of a third OUI offense may include:

• Fines ranging from $1,000 to $15,000
• License suspension for 8 years
• Mandatory alcohol or drug treatment program
• Up to five years in jail

The penalties for multiple OUI convictions are much harsher. People with multiple OUI charges usually have to go to trial, which is a good reason to hire one of our lawyers. Under Melanie’s Law, the state imposes stiffer penalties for refusing a Breathalyzer test and operating under the influence. Anyone charged with multiple OUI offenses will be required to have an ignition interlock device installed on their vehicle.

How to Beat OUI Charges in Massachusetts?

A skilled Worcester OUI lawyer can help identify defenses to challenge the evidence presented by law enforcement. Common defenses include unlawful traffic stops, where any evidence gathered may be inadmissible if the stop was not legally justified. Improper field sobriety tests and breathalyzer errors are also potential defenses, as they can be inaccurate or improperly administered. Your lawyer can argue that these tests were flawed or did not accurately reflect your impairment.

Other defenses include challenging the claim of impairment, even if your BAC is above the legal limit. Your attorney may argue that you were still able to drive safely, despite an elevated BAC. Medical conditions or medications that mimic signs of intoxication could also be a defense. Additionally, if your BAC rose after your arrest, your lawyer can present evidence to argue that your BAC level was below the legal limit at the time of the offense. These defenses require a thorough investigation to ensure your rights are protected.

Charged With OUI? Speak With One of the Worcester County OUI Attorneys at Rudolf, Smith, Griffis & Ruggieri, LLP Today

Even if you have already pleaded guilty, it is still possible to go to trial and win. You may also be successful at trial even if you failed the Breathalyzer test. Putting an experienced lawyer on your side is the key.

Contact us online or call (508) 570-3037 today for a free consultation.