OUI Defense Attorney in Taunton, Massachusetts

Aggressive DUI/DWI Defense near Framingham

Drunk driving charges carry criminal and administrative penalties in Massachusetts, and even a first offense can have grave consequences. That's why it is important to work with a lawyer who understands the OUI process to protect your rights.

At the Law Office of Michael J. Brothers, we stay up to date on OUI law and defense strategies, and we will explain your legal options and aggressively represent you in negotiation and in the courtroom. WE ARE READY AND WILLING TO GO TO TRIAL TO DEFEND YOU. When you are facing losing your driver's license, high fines and even jail time, call 888-873-1695 or contact us online to schedule a free initial consultation.

Defending Clients Against All OUI Offenses

Sometimes referred to as DUI or DWI, drunk driving is officially "operating under the influence," or OUI, in Massachusetts. Regardless of what you may think, you can fight these charges. Whether someone is "driving while under the influence" is generally a matter of opinion and these opinions can be challenged in court. Law enforcement officers form an opinion of someone's sobriety through observation of the driver and other factors, including driving patterns. To evaluate someone's sobriety, law enforcement will also often ask a driver to perform field sobriety exercises. Studies have shown that some of these tests are only 68% accurate. The officer who is directing the driver to perform the exercises must follow the instructions as presented in their training manual.

We have dedicated our practice to protecting our clients' rights. There are a number of things we can do to defend your case:

Thoroughly analyze the facts of your case and develop an effective trial strategy.
Review and challenge the breath test results.
Determine if the police officer who pulled you over had probable cause to stop your vehicle and filing a motion to suppress evidence when appropriate.
Aggressively negotiate with the prosecution to raise your chances of achieving the best possible result.

Drunk driving often carries serious consequences, and even a first offense can lead to jail time. However, the result of an OUI conviction depends on the number of previous convictions. The following is a summary of the penalties under the OUI laws and is ONLY intended to be a guide. An experienced lawyer can provide a more comprehensive explanation of the OUI laws.

FIRST OFFENSE: Incarceration for up to 2 ½ years House of Correction, fines and fees over $2,000 and up to $5,000, license suspended for one year with the possibility for a work/education hardship in 3 months and a general hardship in six months.
Alternative Disposition for First Offense OUI: Fines and fees over $2,000 and up to $5,000, probation for one year, 45-60 day license loss (210 days for drivers under age 21) with chance for work/education/medical hardship license after three business days after enrolling in an Alcohol Education program and showing proof of hardship.
SECOND OFFENSE: Incarceration for not less than 60 days (30 days mandatory in House of Correction), fines and fees over $2,000 and up to $10,000, license suspended for two years with the possibility for a work/education/medical hardship license in 1 year and a general hardship in 18 months, installation of ignition interlock device for at least 2 years.
Alternative Disposition for Second Offense OUI: 2 years probation, 14 day treatment program, fines and fees over $2,000 and up to $10,000, license suspended for two years with the possibility for a work/education/medical hardship license in 1 year and a general hardship in 18 months, installation of an ignition interlock device for at least 2 years.
THIRD OFFENSE: Incarceration for not less than 180 days (150 days mandatory in House of Correction), and up to 5 years State Prison, fines and fees over $2,000 and up to $15,000, license suspended for eight years with the possibility for a work/education/medical hardship license in 2 years and a general hardship in 4 years, installation of ignition interlock device for at least the hardship period.
FOURTH OFFENSE: Incarceration for not less than 2 years (1 year mandatory in House of Correction), and up to five years State Prison, fines and fees over $2,000 and up to $50,000, license suspended for ten years with the possibility for a work/education/medical hardship license in 5 years and a general hardship in 8 years.
FIFTH OFFENSE: Incarceration for not less than 2 ½ years (24 months mandatory in House of Correction), and up to five years in State Prison, fines and fees over $2,000 and up to $50,000, license suspended for life with no possibility for a hardship license.

There are many defenses to drunk driving charges, but it takes an experienced attorney to explore every option. contact us online as soon as possible to begin your defense. We will do everything we can to fight the OUI charge and get your driving privileges back.

In addition to the fines and fines imposed by statute, the Registry of Motor Vehicles will charge driver's license reinstatement fees, depending upon the offense:

The First Offense is $500.00, the Second Offense is $700.00, and the Third Offense is $1,200.

BREATH TEST FAILURES AND REFUSALS
If you are found not guilty or the case is dismissed, there is a presumption that your license will be reinstated for the rest of the refusal suspension period.

LICENSE SUSPENSION PERIODS FOR A CHEMIICAL TEST REFUSAL:
DRIVERS OVER AGE 21:
No Prior OUI Convictions: 180 days
1 Prior OUI Conviction: 1 Year
2 or More Prior Convictions: 18 Months

DRIVERS AGE 18 TO 21:

No prior convictions: 1 year plus 180 Days
1 prior conviction: 1 year plus 180 Days
2 or more prior convictions: 18 months plus 180 days
The 180 day suspension is waivable, provided it is a first OUI case, upon entry into a DPH approved alcohol education program.

DRIVERS UNDER AGE 18
No prior convictions: 1 year plus 1 year
1 prior conviction: 1 year plus 1 year
2 or more prior convictions: 18 months plus 1 year
The one year suspension may be reduced to 180 days for a first offense upon entry into an approved alcohol education program.

LICENSE SUSPENSION PERIODS FOR A CHEMIICAL TEST FAILURE (a driver is deemed to have failed a chemical test if the driver's blood alcohol content is .08 or higher):
DRIVERS OVER AGE 21
The license suspension period is 30 days or until the conclusion of the court case, whichever is shorter.

DRIVERS AGE 18 TO 21
The license suspension period is 30 days plus an additional 180 days.
The 180 day suspension is waivable, provided it is a first OUI case, upon entry into an approved alcohol education program.

DRIVERS UNDER AGE 18
The license suspension period is 30 days plus an additional 1 year.
The one year suspension may be reduced to 180 days for a first offense OUI upon entry into an approved alcohol education program.

YOUTH ALCOHOL PROGRAM SUSPENSION
OPERATORS UNDER AGE 18
Applies To: Any person under age 18. Does NOT require the offender to hold a JOL.
Provisions: An additional suspension that applies to any driver under age 18 who REFUSES or FAILS (.02 or above) a breath test.
Penalties: 1 year suspension, in addition to the initial refusal or failure suspension. Entry in a Youth Alcohol Program will reduce the YAP suspension to 180 days.

OPERATORS AGES 18 TO 21
Applies to: Any person ages 18 to 21. Does NOT require the offender to hold a JOL.
Provisions: An additional suspension that applies to any driver ages 18 to 21 who REFUSES or FAILS (.02 or above) a breath test. The penalty is a 180 day suspension, in addition to the initial refusal or failure suspension. Entry in a Youth Alcohol Program will waive the YAP suspension.
Applies To: Any person under age 18. No JOL required.

ADDITIONAL PROVISIONS FOR OUI CONVICTIONS
Provisions: Any person convicted of a charge (under M.G.L. c. 90, §24, §24G, §24I or §24L) that has NOT received a Youth Alcohol Program suspension from the same incident will have license suspended for 180 days for a first offense and 1 year for a second offense.