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Arrested for an OUI or DUI?

Our Quincy Criminal Defense Attorney Knows the Laws

Law enforcement agents devote a lot of attention to those who are driving under the influence of alcohol. A person can be charged with a OUI/DUI if they are over 21 and their blood alcohol content (BAC) level is at 0.08 percent or higher.

If a person is under the age of 21, a DUI charge can be given if their BAC level is 0.02 percent or above. It is usually considered to be a misdemeanor if it is the individual's first offense and no property or other person was harmed.

After a second offense, a felony is likely to ensue. The same will occur if a third party or property were damaged in the act. It is a good idea to hire a proficient and responsive Weymouth criminal defense attorney who will be aggressive in protecting your rights.

Our Quincy DUI lawyer can inform you of your rights at this time. Schedule a confidential consultation if you would like to speak with us regarding your unique case.

All of the following can affect the breathalyzer test, so make sure you speak to one of our Quincy DUI lawyers:

  • Temperature
  • Medical conditions
  • Other circumstances

They can help you find out if your test could have been inaccurate as a lack of any of these could exclude the results of the test.

What Are the Penalties for OUI in Massachusetts?

OUI - 1st Offense: Plea/ Guilty Verdict

  • Fine of $500 - $5,000

  • License suspension for 1 year

Alternative Disposition/ Plea

  • 1 year of probation

  • Attend Driver’s Alcohol Education Program

  • License suspension for 45-90 days

OUI - 2nd Offense: Guilty Verdict

  • Jail for 60 days up to 2.5 years.

  • License suspension for 2 years

  • Interlock Ignition Device must be installed in your vehicle for 2 years

Alternative Disposition/ Plea

  • 2 years of probation

  • 14-day inpatient program

  • License suspension for 2 years

  • Interlock Ignition Device must be installed in your vehicle for 2 years

OUI - 3rd Offense: Guilty Verdict

  • 180 days in jail up to 5 years in state prison

  • License suspension for 8 years

  • Interlock Ignition device installed in your vehicle for 2 years after your license is reinstated

OUI - 4th Offense: Guilty

  • 2- 5 years in jail

  • License suspension for 10 years

  • Government takes your vehicle

OUI - 5th Offense: Guilty

  • 2.5 - 5 years in jail

  • No longer allowed to drive

Is Oui a felony in Massachusetts?

OUI in Massachusetts can be a felony if you are convicted of a third or greater offense OUI charge is considered a felony and has mandatory jail time associated with the conviction. Many employers and realtors, for example, will not hire or rent an apartment to you if you have a felony on your record.

Field Sobriety Test Defense

Even though the National Highway Safety Traffic Association has approved three field sobriety tests, they are not always an accurate measure of an individual's impairment. There are often other factors such as nervousness, physical disability, distractions, and bad weather that can affect a person's performance during field sobriety exercises.

In addition, an officer is usually already convinced that the driver is drunk, which may affect their assessment of an individual. If you were not drunk and failed a field sobriety test, then it may be a good idea to see if there was video footage of the incident. Armed with video evidence and your personal account of the situation, one of our lawyers may be able to dismiss results of field sobriety tests.

Call our office today to schedule your free case evaluation and consultation. Let us help you protect your freedom and driving privileges in Hingham or the surrounding areas!