Massachusetts OUI Lawyer

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 that you protect your rights as soon as possible. An Operating Under the Influence charge is an extremely technical crime, meaning that there are a lot of little things to look for in your defense and in the penalties.

For instance, a criminal defense 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 a skillful OUI lawyer. The attorneys at Ellison Law LLC have represented many clients with OUI charges at jury trials, bench trials, motions to suppress, negotiations with prosecutors and license issues at the Registry of Motor Vehicles (RMV).

Over the years, they have obtained not guilty verdicts for clients with OUI charges. They have successfully had client’s statements thrown out that were obtained in violation of their rights and have brought peace to their clients, in a moment of extreme anxiety. If you are charged with an OUI in Massachusetts, it is important that you hire an experienced Massachusetts criminal defense lawyer. Contact our attorneys today!

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

Many times the operation of a vehicle 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 in Massachusetts?

When you hire Ellison Law LLC to represent you on an Operating Under the Influence charge, the attorneys 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 happens after an OUI arrest in Massachusetts?

Once you’re arrested, you will usually be transported to a police station for booking. The officers will document the charges and collect your personal information. While this is happening, you will likely be asked to undergo more tests, like a breathalyzer, to measure your current Blood Alcohol Content (BAC). Refusing to do a breathalyzer test will likely result in a suspension of your license.

After you’re arrested, you will receive a notice to appear in court for an arraignment, which is the first step in a legal process. During the arraignment, the court will formally present the charges against you. Then you will have to plead. In Massachusetts, the court will enter a not guilty plea automatically on your behalf.

• Not guilty

If you enter a not guilty plea, you’re denying the charge and you’re asserting your right to defend yourself. Your case will move into the pre-trial phase where you will be able to challenge the evidence. The prosecution will need to prove their case against you, beyond a reasonable doubt.

• Guilty/Admission to Sufficient Facts

If you enter a guilty plea or make an admission to sufficient facts, you’re admitting responsibility for the charges against you. After this, the judge will impose a sentence either during the arraignment or at a later scheduled hearing. Once you plead guilty or admit to sufficient facts, you can’t backtrack and it comes with immediate consequences. So, you won’t be able to contest the charge or present a defense since you took responsibility for the charge.

If you plead not guilty, then the case will proceed to the pretrial phase. Here, both sides (the prosecution and defense) will start the discovery process to gather all the evidence that is available. It could be police reports, witness statements, breath test results or any video footage evidence (like body cam or dash cam videos from the police officer who originally arrested you).

During this time, your attorney will start to build your defense and use this time to attempt to negotiate a resolution with the prosecution to either dismiss or reduce the charges.

If there isn’t a resolution, then they will prepare for a motion to suppress date or a trial date. During these motions to suppress (if applicable), the attorneys will attempt to suppress evidence or make a legal challenge to evidence that could be used against you if proper procedures were not followed by the police.

The final phase is the trial itself. Whether it’s a bench trial (where the judge will make decisions based on the law and the facts of the incident and decide if you are guilty or not guilty) or a jury trial (where the judge will only make decisions based on the law and the jury will decide whether you are guilty or not guilty), the prosecution and defense will have their opportunity to present their evidence and plead for their case. At the end of the trial, you will receive a verdict. It is important to contact a Massachusetts OUI attorney who will advocate for you so you can get the best outcome possible. Contact the attorneys at Ellison Law LLC if you received an OUI charge in Massachusetts.

What is the 24D program in Massachusetts?

In Massachusetts the 24D program, also officially known as the Driver Alcohol Education (DAE), is an alcohol education and treatment program that is approved by the court. It is designed for a OUI first offender, as an alternative to avoid harsher penalties. It aims to rehabilitate individuals and reduce the risk of a reoffense, addressing the issues related to alcohol use and impaired driving.

The participants are required to complete an educational alcohol course that usually lasts over 16 weeks. It covers topics like the impact of drinking and driving, personal health and public safety. The program may also include counseling sessions. After the completion of the program, the penalties usually are reduced and the offender may potentially avoid jail time.

What are the consequences of an OUI charge in Massachusetts?

An OUI charge in Massachusetts carries serious consequences that can affect your freedom, finances and your future. The penalties will largely depend on whether it’s your first, second, third, fourth or a subsequent offense. The penalties will be more serious with each new offense, where you will face longer potential jail sentences, have to pay heftier fines and a longer license suspension.

If you are a repeat offender, there can also be the possibility of mandatory minimum jail times and a mandatory installation of an ignition interlock device on your vehicle. Beyond this, you will face legal consequences such as higher insurance rates and difficulties finding housing or job opportunities due to having a permanent criminal record.

What are the Penalties for an OUI offense in Massachusetts?

In Massachusetts, an OUI charge becomes progressively more severe with each subsequent offense, which is designed to deter people from reoffending and prioritize public safety.

These are the penalties for an OUI in Massachusetts:

OUI – First Offense – Penalties

A first time OUI offense is usually considered a misdemeanor. If you’re convicted you face potential hefty fines, up to 2 and a half years in the house of correction and a license suspension but, for first time offenders, usually they’re eligible for an alternative sentence, such as the 24D program which involves attending alcohol education classes, and reducing the license suspension to 45-90 days while being on supervised probation.

For a first OUI offense the penalties are:

• Up to 2 and a half years 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 years 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

If you are charged with a OUI for the second time, the penalties are more severe, you will have a potential minimum jail sentence and a 2 year license suspension. Unlike a first offender, if you have a second offense you will be potentially required to install an Ignition Interlock Device (IID) in your vehicle, after the license suspension. You will potentially have to participate in inpatient alcohol treatment programs.

For a second OUI offense the penalties are:

• 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

Once you receive a third OUI, it will be considered a felony. The increments from the third offense and any subsequent offense will escalate considerably. You will face mandatory jail time and years of a license suspension, depending on which offense it is.

For a third OUI offense the penalties are:

• 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.

So, the most significant differences between these offenses are the severity of the penalties. The likelihood of minimum jail time, very hefty fines and the amount of time for your license suspension. You also have to remember that all of this will be added to your record, which will create difficulties to find employment or housing opportunities.

What are the Standardized Field Sobriety Tests in Massachusetts?

The Standardized Field Sobriety Tests (SFST) are a series of physical and cognitive assessments, approved by the National Highway Traffic Safety Administration (NHTSA), used by officers in Massachusetts to determine whether a driver is under the influence of alcohol or drugs. These tests are administered during a traffic stop to establish probable cause for an OUI charge. Although they’re widely used, SFTS are very subjective and can be challenged in court.

There are many types of tests that the officers may apply but there are three Standardized Tests:

1. Horizontal Gaze Nystagmus (HGN) Test

   The officer observes the driver’s eye movement while they follow a moving object such as a pen, a flashlight or even one of the officer’s fingers. The officers will look for any jerk or irregular eye movement, which may indicate that the person is impaired. There are other things that can cause this besides impairment, such as, medical conditions, or even fatigue.

2. Walk-and-Turn Test

   The officer will instruct the driver to take nine heel to toe steps alongside a straight line, turn one foot and take nine steps back. The officer will evaluate balance, coordination and the ability to follow directions. Just like the HGN, there are many factors that may affect the results of these tests. Medical conditions, poor instructions from the officer, age, uneven surfaces or footwear can impact the performance.

3. One-Leg Stand Test

   The driver must stand on one leg while the other foot is elevated from the ground. At the same time, the person must count aloud for 30 seconds. Here the difficulty lies in maintaining balance while following the instructions of the officer and failing to do so, may be interpreted as a sign of being impaired. However, certain factors such as age or injuries may affect your performance.

How reliable are the Standardized Field Sobriety Tests in Massachusetts?

Standardized Field Sobriety Tests are designed to detect signs of impairment but they’re not foolproof. Many factors, such as medical reasons, injuries, your weight, your age or external factors, such as weather, terrain, lighting conditions or even general anxiety, can impact the results. Additionally, the officers have to administer the tests following strict guidelines and failing to do so may render the results to not be accurate and can be used to challenge the validity of the tests.

What is the impact of an OUI charge on my license in Massachusetts?

An OUI charge in Massachusetts can have significant consequences for your driver’s license, even before you receive a conviction. If you fail or you refuse to do a breathalyzer test, it can trigger an immediate license suspension.

The penalties will vary depending on the conviction since a first OUI offense will usually result in a license suspension up to a year while a second offense is up to a two year license suspension. A third offense will be up to 8 years.

To reinstate your license after an OUI charge will often involve significant costs and other requirements like completing alcohol education programs, paying reinstatement fees, installing an IID in your vehicle (depending on the offense), etc. These restrictions not only limit your driving privileges but may also impact your ability to work, travel and keep up your daily responsibilities.

What happens if I refuse a Breathalyzer test in Massachusetts?

In Massachusetts you can legally refuse a breathalyzer test but you have to be aware of the consequences of doing so. Even if you’re not convicted with a OUI, refusing to submit to a breathalyzer test will trigger an automatic suspension on your license. If it’s the first time that you refused, your suspension will last up to 180 days while a second or any other subsequent refusal has heavier penalties.

Refusing a breathalyzer won’t guarantee that the charge will be dropped since the government can still pursue the OUI charge using other types of evidence such as the police officer observations, field sobriety tests results or witness statements. By refusing to take the breathalyzer, it could potentially make it more difficult for the government to prove the case against you beyond a reasonable doubt.

What are some Myths and Facts about OUI charges in Massachusetts?

OUI charges have many misconceptions in Massachusetts, which can lead to confusion and having misinformation. Let’s separate some myths from facts:

• Myth: You can’t be charged with an OUI if you refused a breath test.
• Truth: Refusing a breath test, especially a breathalyzer test, won’t prevent an OUI charge. The prosecutors can use other evidence, like field sobriety tests or even the observation of the officers, to build their case.

• Myth: Your license will only be suspended after a conviction.
• Truth: Your license can be automatically suspended if you refuse to do a breath test or if you fail a breath test.

• Myth: first time offenders don’t face serious consequences
• Truth: While first time offenders face the lightest penalties in terms of OUI penalties, that doesn’t mean there aren’t any serious penalties because you’re still facing a license suspension, hefty fines, potential probation, potential jail time and having a criminal record.

• Myth: If your Blood Alcohol Content (BAC) is below 0.08%, then you can’t be convicted of OUI.
• Truth: While the benchmark is 0.08%, you can still get convicted of an OUI if the prosecution successfully proves that you were impaired.

• Myth: An OUI conviction won’t affect my car insurance.
• Truth: An OUI conviction will likely lead you to higher insurance premiums since this will remain on your driving record.

• Myth: I have no chance of winning an OUI with a failed breathalyzer test.
• Truth: Breathalyzer results can be challenged on several grounds including improper calibration, the operator misused the machine, the operator was poorly trained, or you have medical conditions that could skew results.

• Myth: I have to answer all police questions during an OUI stop
• Truth: You have the right to remain silent to avoid self incriminating. You can politely decline to answer questions since it is within your legal rights.

• Myth: It’s cheaper and faster to plead guilty instead of fighting the charges
• Truth: Although pleading guilty may be the fastest solution, it can negatively impact your life and you may see the consequences and penalties of a conviction even decades later. This will affect your criminal and driving record, you will have fines to pay, your insurance rates will increase and your license will be suspended. Fighting the charges may potentially yield better outcomes long-term.

What should I do if I get an OUI charge in Massachusetts?

Facing an OUI charge in Massachusetts is a very serious offense with very serious consequences that can impact your driving privileges, your criminal record and your freedom. It is important to have an experienced Massachusetts OUI lawyer to help protect your rights.

At Ellison Law LLC, our criminal defense attorneys are dedicated to providing strategic defenses for our clients that are facing OUI or criminal charges. Instead of facing the legal system alone, contact us today. You can also call us at 401-230-5520.

It is important to seek 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 experienced Massachusetts 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.