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Massachusetts OUI Lawyer

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Massachusetts OUI Attorney

When you are charged with Operating Under the Influence (OUI) of Alcohol in Massachusetts, it can be a very overwhelming time in your life. However, it is important to start protecting your rights as soon as possible.

The lawyers at Ellison Law LLC have represented many people on charges of Operating Under the Influence of Alcohol and Operating Under the Influence of Drugs in Massachusetts. They are experienced Massachusetts criminal defense attorneys who have represented clients on OUI charges at jury trials, bench trials, motions to suppress, negotiations with prosecutors and license issues at the Registry of Motor Vehicles (RMV).

They have obtained not guilty verdicts for clients on OUI charges. They have successfully had client’s statements thrown out that were obtained in violation of their rights. They understand the importance of aggressively challenging charges of OUI.

If you are charged with an OUI (operating under the influence) in Massachusetts, it is important that you hire an experienced Massachusetts criminal defense lawyer. The crime of Operating Under the Influence is an extremely technical crime. What this means is that there are a lot of little things to look for when defending somebody for OUI.

For instance, an attorney should be looking at whether the stop of the motor vehicle was proper, should the person have been asked to exit the motor vehicle, how did the person perform on the Field Sobriety Tests, were the Field Sobriety Tests performed properly by the police, did the police read the person their proper rights, did they observe the person properly during the breath test, did they administer the breath test properly, and many other questions.

In addition, the penalties for OUI are all prescribed by statute and are mandated by law. It can be very difficult to handle these issues without an experienced OUI lawyer. Ellison Law LLC has represented many clients on OUI including at Motions to Suppress Evidence and at Bench Trials and Jury Trials.

What Does it Mean to Operate a Motor Vehicle in Massachusetts?

Many times operation can be obvious, like when the police see you driving your car and decide to initiate a traffic stop for a traffic violation in Massachusetts. However, sometimes it isn’t obvious. What if you are just sitting in your car? In order to prove operation, the prosecution must show that the defendant intentionally manipulated some mechanical or electrical part of the vehicle — like the gear shift or the ignition — which, alone or in sequence, would set the vehicle in motion. Under the law, to “operate” a motor vehicle within the meaning of the law, it is not necessary that the engine be running.

An intoxicated defendant found asleep behind the wheel of a vehicle parked on a public way, with the key in the ignition and the engine on, may be found to have “operated” the vehicle; the Commonwealth need not prove that the vehicle was driven before being parked nor prove the defendant’s intention after occupying the driver’s seat. Commonwealth v. Sudderth, 37 Mass. App. Ct. 317, 319-320, 640 N.E.2d 481, 482-483 (1994).

What is a Public Way in Massachusetts?

Although it may not always be an issue in a trial, it can come up. Usually people operating a motor vehicle are on a public way, but in some circumstances they may not be. Any street or highway that is open to the public and is controlled and maintained by some level of government is a “public way.” Interstate and state highways along with municipal streets and roads are considered a “public way.” Massachusetts General Laws c. 90, § 1 defines a public way as the following: “any public highway, [or a] private way [that is] laid out under authority of [a] statute, [or a] way dedicated to public use, or [a] way [that is] under [the] control of park commissioners or [a] body having [similar] powers.”

What is Under the Influence of Alcohol in Massachusetts?

Usually, the most popular thing that is challenged in an Operating Under the Influence of Alcohol trial is “impairment.” It is not illegal to drink and drive. It is illegal to drive and be under the influence of alcohol.

What does it mean to be under the influence of alcohol? A person is under the influence of alcohol if they have consumed enough alcohol to reduce their ability to operate a motor vehicle safely, by decreasing their alertness, judgment and ability to respond promptly.

It means that a person has consumed enough alcohol to reduce their mental clarity, self-control and reflexes, and thereby left them with a reduced ability to drive safely.

The prosecution is not required to prove that the defendant actually operated in an erratic manner, but the prosecution is required to prove that a person’s ability to drive safely was diminished by alcohol.

A person does not have to be drunk to be considered under the influence of alcohol. The prosecution is required to prove that the defendant’s ability to drive safely was diminished by alcohol.

What is the Strategy to Challenge an OUI?

When you hire Ellison Law LLC to represent you on an Operating Under the Influence charge, they will immediately start gathering all police reports, witness statements and potential video evidence. In addition, they will scrutinize any potential breathalyzer results. They will evaluate the results of your “field sobriety tests” and analyze whether they were administered correctly. They have successfully obtained not guilty verdicts in the past for clients by using the “field sobriety tests” to show their client’s sobriety at trial through cross examination of the administering police officer.

Read more here about the court process for an OUI in Massachusetts.

What are the Elements of Operating Under the Influence in Massachusetts?

The prosecution has to prove the following three things:

1) that the defendant operated a motor vehicle;

2) that the defendant did so on a public way; and

3) that the defendant was under the influence of intoxicating liquor.

What are the Penalties for OUI in Massachusetts?

OUI – First Offense – Penalties

  • Up to 2 and a half year in the House of Correction
  • 1 year License Suspension
  • Fine between $500 and $5,000
  • Mandatory Fees
  • Potential criminal conviction

OUI – First Offense – Alternative Disposition Penalties

  • Up to 2 and a half year in the House of Correction
  • 45-90 days of a License Suspension
  • 210 day license loss for people under 21
  • 24D classes
  • Mandatory Fees
  • Potential criminal conviction

OUI – Second Offense – Penalties

  • Not less than 60 days and up to 2 and a half years in the House of Correction
  • Fines between $600 and $10,000
  • 2 year License Suspension
  • 2 years of Ignition interlock installed in your car after the license suspension
  • Mandatory Fees
  • Potential Criminal Conviction

OUI – Second Offense – Alternative Disposition Penalties

  • 14 day inpatient alcohol treatment program
  • 2 year License Suspension
  • 2 years of Ignition interlock installed in your car after the license suspension
  • Mandatory Fees
  • Potential Criminal Conviction

OUI – Third Offense – Penalties

  • Not less than 180 days and up to 2 and a half years in the House of Correction or up to 5 years in State Prison
  • 8 year License Suspension
  • Fine between $1,000 and $15,000
  • Mandatory Fees
  • Potential Felony Conviction

OUI – Fourth Offense – Penalties

  • Not less than 2 years and up to 2 and a half years in the House of Correction or up to 5 years in State Prison
  • 10 year License Suspension
  • Fine between $1,500 and $25,000
  • Mandatory Fees
  • Potential Felony Conviction

OUI – Fifth and Subsequent Offense – Penalties

  • Mandatory 2 and a half years in the House of Correction or up to 5 years in State Prison
  • Lifetime License Revocation
  • Fine between $2,000 and $50,000
  • Mandatory Fees
  • Potential Felony Conviction

Please keep in mind Massachusetts has a lifetime look back when it comes to prior convictions.

It is important to seek aggressive representation to preserve your criminal record and driver’s license when charged with an OUI. In Massachusetts, Operating Under the Influence of Alcohol carries a mandatory driver’s license suspension.

Don’t go to court alone. Ellison Law LLC has aggressive and experienced criminal defense lawyers who have handled many Operating Under the Influence of Alcohol and Operating Under the Influence of Drugs cases in Massachusetts. Contact Ellison Law LLC online or at 401-230-5520.

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- Good Communication

"Mr. David is extremely professional and experienced. He is very helpful and always has the best advice! I highly recommend the Law Office of David Ellison" Via Google

- David is Extremely Professional

"The Law Office of David Ellison is, without a doubt, one of the best places to go for legal representation. Not only am I happy about getting a great result, but I also cannot begin…

- Attorneys Who Care

Helped me get my court case behind me in my favor in a very short time. Thank you attorney Ellison, my family and i and i are forever in debt to you! Thanks again.

- Helped Me Get My Court Case Behind Me

"Allyson Quay represented my husband at the RI Traffic Tribunal and assisted him in getting his case dismissed. David Ellison initially responded to our request for legal assistance and communicated on my behalf to the…

- Very Patient and Understanding

I got assigned David Ellison in the court by what must have been an act of God. He understood that I had no experience in the court system and worked with me to explain everything…

- A Fantastic Lawyer

"Allyson was great! Super nice and friendly! I needed some last minute legal advice and she reached out immediately on a weekend!! Answered my questions & eased my mind on some legal issues I was…

- Super nice and friendly

"Attorney Allyson Quay did an excellent job today. She is very human and very intelligent. super hard worker and fighter. I loved her work and if I had another situation in my life I would…

- Fights on clients behalf

"Firstly, I'd like to say thank you to Allyson Quay for representing me. She was very professional and very helpful with my court cases. I highly recommend the Law Office of David Ellison and having…

- Very Professional and Helpful

My first experience ever needing representation: David was engaged, responsive, and above all else empathetic to my situation. Many times I was frustrated with the process, David was there to lend an ear and offer…

- David was Engaged, Responsive, and Above All Else Empathetic

"Allison did an amazing job with my traffic case. She was very clear transparent and overall very nice. She helped me through the process and explained every step on the way." Via Google

- Clear, Transparent, and Nice

"I was referred to Attorney Ellison and Attorney Tinsworth by a friend, as my first lawyer stopped answering my calls and did not show up for my pre-trial. I've never been in trouble with the…

- David is a Reliable Attorney

"Attorney David Ellison and his colleague Attorney Allyson Quay were extremely professional. My dad received a citation and they guided us through the legal process every step of the way with clarity, honesty, and sincerity.…

- Clear, Honest and Sincere Attorneys

"Reached out to lawyers when I was in need with traffic violations, ended up picking David. He never felt or let me down one bit he went above and beyond for me. I am grateful…

- David Went Above and Beyond for Me

"I never took the time to thank a lawyer after representing me because I always felt like they could have done more , they just was doing their job pretty much but Allyson Quay ,…

- 10/10 Would Recommend

"Attorney Ellison was remarkable to work with. He is very responsive and attentive. He explained the legal process with every possible detail and was there for me every step of the way. He definitely cares…

- Very Responsive and Attentive

"Needed to have case disposed of from years ago. Mr. Ellison handled it for me fast, for an honest fee. Best lawyer in the city!! If you find yourself needing an attorney, call him First…

- Best Lawyer in the City

"I hired David Ellison to represent me in connection with a traffic violation case. David treated my case as being of utmost importance and did everything possible to secure the most favorable outcome of the…

- Excellent Legal Service

"Attorney Ellison is kind, detailed with explaining every step of the legal process. He is a great attorney who will fight for you. I was anxious and afraid, but he got the best outcome for…

- Great Attorney Who Fights For You

"The best lawyers you can ask for. Always, looking out for your best interest. I wouldn't recommend anyone else!!" Via Google

- Lawyers Who Look out for Your Best Interest

"Very professional and lots of experience. Really takes the time to send you information you need to know prior to going to court. He answered every question I had and was able to get better…

- Very professional and lots of experience

David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

- I would recommend him to anybody

Really knows his stuff! If you need a save call Dave. I'm glad I did. Handled all the paperwork for me and made things really simple and comfortable setting

- Simple & Comfortable

David Ellison was very understanding and compassionate. He kept in touch and was always up to date. If you're looking for honest great legal representation contact David Ellison!

- Very Understanding and Compassionate

We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

- Personable, Flexible, Easy to Work With, Competent, Knowledgeable, Responsive and Trustworthy

"David Ellison and Allyson Quay are very knowledgeable and professional. They are a great to work with. Allyson helped me with my case and was able to obtain a great result! I am very happy…

- Very Knowledgeable and Professional

"Dave is an excellent lawyer! He has great determination and has helped me through multiple difficult times. He shows courage and analytical skill that proves he doesn't give up until he wins the case. I…

- Excellent Lawyer

The most amazing lawyer I have ever had. He does an amazing job with amazing results. Extremely happy with the results. Extremely highly recommended by me. He is a man of his word and is…

- Extremely Knowledgeable

David went above and beyond helping to resolve the matter quickly. He got the best possible outcome and was kind and easily accessible throughout the whole process. I can not recommend him more highly!

- David was Kind and Easily Accessible

"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

- David was a Pleasure to Work with

David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

- A Great Lawyer, Recommend to Anyone

"I had a great experience hiring the law office of David Ellison .The attorney Allyson Quay that represented me was excellent ,and was able to get the results I wanted .I highly recommend hiring the…

- Great Experience Highly Recommend

"David did an excellent job with my interaction with the law. He noticed something that showed he had a great understanding of the law. He helped to prepare me for the situation and everything went…

- Highly Recommend David

"just want to say i couldn't find any lawyers to actually take my case seriously, alyson was the only one that not only reached back out to me but also got me my license back…

- 10 out of 10 Recommend

David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

- Highly Recommended

"We recently hired Attorney David Ellison to assist us with our son's motor vehicle case. After contacting him, he was extremely responsive and met with us very quickly. We were very impressed with Mr. Ellison…

- Extremely Responsive and Very Professional

"I had a case where I was certain I was going to, at least, lose my license. Prepared for the worst, but with David's help, I got the best outcome possible and was able to…

- Highly Recommend David

"Successful trial! David secured the best possible outcome in my case. Highly recommend his notable service." - Jorge Via Google

- Highly Recommend

"This particular case had no allowance to go bad. David expedited to trial where all charges were dropped in 15 minutes and the cases dismissed for both parties. Very professional, and to the point, like…

- Very Professional

"David is a great lawyer but more importantly a solid and genuine human being. He was effective, engaged, and honest throughout my entire case. He gave me sound, nuanced advice and kept me in the…

- Effective, Engaged, and Honest

"Great guy great lawyer will work with you financially and will get the result your looking for." Via Google

- Great Lawyer

"You get what you pay for and so much more. I was nervous, overwhelmed, and in uncharted territory. David called me personally within hours of inquiring online, and I immediately felt a sense of relief…

- Proper Representation that Delivers Results

"I was referred to Dave Ellison by a colleague and he is just the most kind, genuine, and knowledgeable lawyer I've had the pleasure of working with. He treats you like a good family member…

- David is Kind, Genuine, and Knowledgeable

"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

- David was Personable

David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

- Not a number, but a person

"Attorney David Elliison is top notch! He guided me through the process, told me what to expect and he did come through for me with great results! I would highly recommend." Via Google

- David is Top Notch

"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

- Great Communication and Hard Work

"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

- Can’t Recommend Them Enough

"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

- David was Helpful Throughout the Entire Process

"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

- You’re in Good Hands!

"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

- It was Great Working with David

"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

- Great Experience

"David Ellison handled my case with great professionalism and keen attention to detail. He took the time to explain the legal terms, options and possible outcomes I was facing. He made himself available at my…

- Great professionalism and Keen Attention to Detail

"David was so wonderful to work with. He did an amazing job helping us. Throughout the whole process, he was kind and patient and I felt like he really cared. I trusted him and I…

- David was Kind and Patient

After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

- Great Guy, Great Lawyer

"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

- Empathetic Advocacy and Legal Excellence

"Attorney Ellison was exceptionally professional in handling my case, an expungement. I received a prompt response from his office, and he was courteous to me and delivered results that were satisfactory to the expectations I…

- David Was Professional and Prompt

"Very knowledgeable of his profession and receiving results. Dave helped me out on numerous occasions, good or bad he's knows and will protect your rights" Via Google

- David Knows and Will Protect Your Rights

"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

- Rest Assured You Are In Good Hands With Ellison Law

Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

- David took my case head on

"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

- Patient, Knowledgeable, and Compassionate Attorney

David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

- Time Efficient & Friendly

"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

- The Best Lawyer for Traffic Citations: Highly Recommend

"David Ellison is one of the best attorneys I've met! Always prepared, professional and more than polite. If you need a save CALL DAVE! Ten out of ten!" Via Google

- David is Professional, Prepared and Polite

I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

- Exceptional Legal Support Leading to Client’s Overwhelming Gratitude and Appreciation

"David Ellison was great! He had a few appointments today and made sure to fit me in his schedule before hand. He made sure to go over everything with me so he knew what he…

- David was Great

"Good people, professional service the best." Via Google

- The Best

"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

- David Cares

"Allyson Quay is my attorney for life. I had a really tough situation that required alot of sorting out. Allyson fought like crazy, and I walked with a dismissal. I could not be happier. I…

- My Attorney for Life

"Highly highly recommend Attorney Ellison! He was overly prepared for my case, answered all of my questions and DELIVERED! He was fast, efficient and overall a pleasure to work with. Cares about his clients, rather…

- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

- Takes His Job and Role in Society Very Seriously

"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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