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Massachusetts OUI Drugs Lawyer

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Massachusetts OUI Drugs Attorney

Alcohol is not the only substance that can cause you to get an OUI (Operating Under the Influence) in Massachusetts. You can also get an OUI from any controlled substance enumerated by state law, including marijuana.

If you are charged with Operating Under the Influence (OUI) of Drugs in Massachusetts, it can be a very overwhelming and challenging time in your life. If you are looking for legal representation during this trying time, you can contact the lawyers at Ellison Law LLC, who have represented many people on charges of Operating Under the Influence of Drugs.

They are experienced Massachusetts criminal defense attorneys who have represented clients for OUI charges at jury trials, bench trials, motions to suppress, negotiations with prosecutors and license suspension issues at the Registry of Motor Vehicles (RMV).

How can an OUI be alcohol or drugs in Massachusetts?

Massachusetts law defines an OUI as anyone that operates a motor vehicle and has a blood alcohol content of .08% or higher, or anyone who drives while under the influence of alcohol, marijuana, narcotic drugs, depressants or stimulants, or the smelling or inhaling the fumes of any substance having the property of releasing toxic vapors.

Mass. Gen. Laws ch. 90, § 24. Additionally, “narcotic drugs, depressants, or stimulants” are substances defined under the Massachusetts Controlled Substances Act. Mass. Gen. Laws. ch. 94C, § 31. The penalties for OUI alcohol and OUI drugs are the same.

What are the penalties for oui drugs 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 – 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 – 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

What does the prosecution have to show for an oui drugs charge in Massachusetts?

For you to be found guilty and convicted for OUI drugs, the prosecution must prove that:

  1. You were operating a motor vehicle;
  2. You did so on a public way (this can be anywhere where the public has a right of access or have access as invitees or licensees);
  3. You were under the influence of drugs.

Additionally, the Massachusetts Controlled Substances Act is essential for an OUI Drugs charge because the prosecution must prove that you were under the influence of one of the controlled substances enumerated in that statute.

Furthermore, the prosecution is not required to prove that you were actually driving in an unsafe or erratic manner, instead it must prove that you had a diminished capacity or ability to drive safely.

What does it mean to be “under the influence” of a drug in Massachusetts?

Someone is “under the influence” of a drug whenever he or she has consumed or taken enough of that drug to reduce his or her ability to operate a motor vehicle safely by diminishing their alertness, judgement, and ability to respond promptly.

HOW WILL THEY BE ABLE TO PROVE THAT I WAS “UNDER THE INFLUENCE” OF A DRUG IN MASSACHUSETTS?

The Commonwealth will ask you to submit to standardized field sobriety tests, portable breathlyzer tests, a breathlyzer test, and even a blood test. If you refuse to submit to any of those tests then the prosecution can submit things like your appearance, condition, and behavior at the time of the incident as evidence to try and prove that your ability to drive was impaired. Commonwealth v. Johnson, 59 Mass. App. Ct. 164, 172 (2003).

Is it bad if I fail the field sobriety tests in Massachusetts?

Not necessarily, it is on a case by case basis. These field sobriety tests or roadside assessments are not scientific tests created to test someones potential impairment by a drug. Additionally, you may have difficulty performing these tasks for many reasons that are unrelated to the consumption of a drug, such as, having a prior injury to your leg. However, this does not mean that they are useless, the jury will ultimately decide whether or not the “failure” of the field sobriety tests indicates that your ability to drive a motor vehicle was impaired by a drug. Lastly, evidence from your performance of field sobriety tests, standing alone—with no other evidence—is not enough to convict you for operating a motor vehicle while under the influence of a drug.

What will the jury look at when determining whether my failure of the field sobriety test indicated an impairment in Massachusetts?

The jury will look at things such as your balance, coordination, mental clarity, ability to retain and follow directions, ability to perform tasks requiring divided attention, and other skills that a jury may find relevant to the safe operation of a motor vehicle.

They will also look at what the officer asked you to do, the circumstances under which they were given and performed, and all of the other evidence in the case to determine whether or not the failure of the field sobriety tests should be hold any weight in the determination of the case.

What should i do if i am charged with oui drugs in Massachusetts?

If you are charged with OUI Drugs, you do not have to fight the charges alone. You can have an experienced Massachusetts OUI lawyer represent you on the charges.

Ellison Law LLC has experienced Massachusetts criminal defense lawyers who have represented numerous clients on OUI Drugs charges. If you are charged with OUI Drugs, do not hesitate to contact Ellison Law LLC online or at 401-230-5520.

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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…

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"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

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"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 ,…

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"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…

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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.

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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

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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!

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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…

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"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…

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"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…

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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…

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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…

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

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"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…

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"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…

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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

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"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…

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"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.…

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"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…

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"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

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"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

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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…

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"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…

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"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…

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"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…

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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…

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"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…

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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…

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"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

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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…

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"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…

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"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…

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- 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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