Brockton DUI Attorney

Aggressive Defense Against DUI Charges in Massachusetts

Were you charged with DUI in the Brockton area? If so, contacting an experienced Brockton DUI Attorney is essential to protect your rights. If you were charged with DUI or OUI in Abington, Bridgewater, Brockton, East Bridgewater, West Bridgewater, Whitman, and Bridgewater State University, your case will be heard in the Brockton District Court. Attorneys James G. DeGiacomo and Sergey Mikhlin are former prosecutors from the Brockton District Court and have successfully defended hundreds of people there.

Call DeGiacomo & Mikhlin, P.C. today at (617) 941-3666 or contact us online to schedule a meeting with our DUI attorney in Brockton!

Massachusetts DUI Laws

Navigating through Massachusetts DUI laws is essential for anyone facing such charges. In the Commonwealth, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, it's crucial to note that even if your BAC is below this limit, you can still be charged with DUI if the arresting officer determines that your ability to drive is impaired.

Massachusetts operates under an implied consent law, meaning that by obtaining a driver's license, individuals agree to submit to chemical tests if suspected of DUI. Refusing to take a breathalyzer test can result in a license suspension.

What are the Penalties for DUI in Massachusetts?

Being aware of the potential penalties for DUI in Massachusetts is crucial for understanding the gravity of the situation. The consequences of a DUI conviction can differ based on many different factors, such as prior offenses and the level of impairment. Penalties may include:

• Fines: Convictions can lead to substantial fines, depending on the number of prior offenses.
• License Suspension: DUI convictions often suspend driving privileges for a specified period.
• Ignition Interlock Device: In some cases, individuals may be required to install an ignition interlock device in their vehicles.
• Probation: DUI sentences may include probation, during which individuals must adhere to specific conditions set by the court.
• Jail Time: Depending on the offense and prior convictions, jail time may be imposed.

Defenses Against DUI Charges

Mounting a strong defense is crucial when facing DUI charges. Our experienced attorneys at DeGiacomo & Mikhlin, P.C. employs various defenses to protect our client's rights and build a compelling case. Some effective defenses against DUI charges include:

• Illegal Stop: Challenging the legality of the traffic stop that led to the DUI arrest.
• Inaccurate Breathalyzer Results: Questioning the accuracy and reliability of breathalyzer test results.
• Field Sobriety Test Issues: Highlight any issues or inconsistencies in administering field sobriety tests.
• Rising BAC Defense: Arguing that your BAC was below the legal limit while driving but rose to an illegal level by the time of testing.

Important Rights in a DUI Case

If your rights were violated during a DUI case, Brockton DUI Attorneys James DeGiacomo and Sergey Mikhlin may be able to suppress evidence against you and even secure a dismissal. Here are some necessary rights that Brockton DUI Attorneys James DeGiacomo and Sergey Mikhlin have seen violated in past cases:

• Fourth Amendment Rights: The Fourth Amendment of the United States Constitution ensures that you are to be free from unreasonable search and seizure. This comes into play for DUI cases when the police stop a car without having probable cause or reasonable suspicion. To find out if your Fourth Amendment Rights were violated, call DeGiacomo & Mikhlin, P.C. today.
• Miranda Rights: You have the right to remain silent. But the police still have to advise you of this if you are in custody and they are questioning you. If they didn't, all statements you made may be thrown out. To find out if your Miranda Rights were violated, call DeGiacomo & Mikhlin, P.C. today.
• 5A Rights: You can be bailed promptly after an OUI arrest. This has been a problem with cases out of the Brockton District Court. If your 5A rights were violated, the judge must dismiss your case. To find out if your 5A Rights were violated, call DeGiacomo & Mikhlin, P.C. today.

Contact Our Brockton DUI Lawyer Today

James G. DeGiacomo and Sergey Mikhlin are experienced Brockton DUI Attorneys who have successfully defended hundreds of clients in the Brockton District Court. If you were arrested for DUI or OUI in the Brockton area, call Brockton DUI Attorneys James G. DeGiacomo and Sergey Mikhlin right away.

Contact DeGiacomo & Mikhlin, P.C. today to schedule a meeting with our DUI lawyer in Brockton!