Aggressive OUI Defense in Massachusetts
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 will explain your legal options and aggressively represent you in negotiation and in the courtroom. When you are facing losing your driver's license, high fines and even jail time, call 508-822-4448 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.
We have dedicated our practice to protecting our clients' rights. There are a number of things we can do to minimize the effects of an OUI charge or even have it dismissed:
- Review and challenge the breath test results.
- Determine if the police officer who pulled you over had probable cause to stop your vehicle.
- 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:
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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.
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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.
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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.
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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.
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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.
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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.
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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 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.
