Boston OUI First Offense Lawyer

Helping Clients Facing OUI Accusations in Massachusetts

Massachusetts law treats OUI as a criminal offense, and even a first offense can result in penalties ranging from fines and license suspension to mandatory alcohol education programs. If you are facing an OUI charge for the first time, it is crucial to work with a skilled Boston OUI first offense lawyer to protect your rights and ensure the best possible outcome for your case.

Contact our Boston OUI first offense defense attorneys today for a free legal consultation on your family law matters. Call us now at (617) 941-3666 or reach out online to discuss your case.

Understanding the Process of OUI in Massachusetts

When arrested for OUI in Massachusetts, the process typically starts with an officer observing signs of impairment, such as erratic driving, speeding, or failure to follow traffic laws. If the officer suspects that you are under the influence of alcohol or drugs, they will initiate a stop, ask you to perform field sobriety tests, and may request a breathalyzer test. If you fail the breath test, or if the officer believes you are impaired by drugs, they can arrest you for OUI.

An OUI charge in Massachusetts is based on your blood alcohol concentration (BAC) and whether it exceeds the legal limit of 0.08%. However, impairment does not only relate to alcohol consumption. Operating a motor vehicle under the influence of drugs, whether prescription, over-the-counter, or illicit, can also lead to OUI charges. For first-time offenders, the court process will involve several steps, including arraignment, pretrial motions, hearings, and possibly a trial.

Refusing a Chemical Test

If you are charged with an first offense OUI, it is likely that you will be given the opportunity to take a breathalyzer. Because this evidence can be so damaging, the police must inform you of your right to refuse the test. If you refuse the test during your first offense OUI, your license will be suspended for 180 days, or 210 days if you are under the age of 21.

One of the first things that Attorneys James G. DeGiacomo and Sergey Mikhlin will ask you during your free consolation is about the circumstances of this refusal. If they determine that you were not advised of your rights properly, then they can schedule a chemical test refusal hearing at the Registry of Motor Vehicles in Boston to fight the refusal and get you our license back.

Penalties for a First Offense OUI in Massachusetts

If you have been charged with an OUI first offense in Massachusetts, it is important to understand what penalties you are up against. A conviction for a first offense OUI carries:

• Up to 2 ½ years in jail
• Fines between $500 and $5,000
• License loss of between 45 and 90 days.

While jail time is not common with first-offense OUI charges, lengthy probation, fines, and license loss can happen without an experienced OUI lawyer by your side. Boston OUI first offense attorneys James G. DeGiacomo and Sergey Mikhlin will be with you step-by-step to ensure that you understand the process, and to protect your rights.

Possible Defenses for a First Offense OUI Charge

There are several potential defenses to a first offense OUI charge in Massachusetts that a skilled OUI lawyer can utilize to protect your rights. One common defense is an improper traffic stop, where the officer lacked probable cause or reasonable suspicion to pull you over. In such cases, any evidence obtained during the stop, including field sobriety tests or breathalyzer results, may be inadmissible. Additionally, faulty breathalyzer tests can also be contested due to issues like malfunctioning equipment, improper calibration, or human error.

Other defenses include challenging the results of field sobriety tests, which can be influenced by factors unrelated to impairment, such as weather, physical conditions, or nervousness. Medical conditions or prescription medications that mimic impairment signs may also be relevant, and your attorney can present this evidence. If a blood test was conducted, improper handling or contamination could invalidate the results. Lastly, if the officer lacked probable cause to arrest you, any evidence gathered during the arrest may be deemed inadmissible.

Contacting a Massachusetts OUI First Offense Lawyer

If you have been charged with OUI in Massachusetts, it is essential to contact a Massachusetts OUI first offense lawyer as soon as possible. The sooner you involve an attorney, the sooner they can begin working on your defense. Dealing with an OUI charge can be overwhelming, but with the right legal representation, you can navigate the process and protect your future.

Because your life and your license are too important to wait, call DeGiacomo & Mikhlin, P.C. today for a free case evaluation at (617) 941-3666. They are available twenty-four hours a day, seven days a week, three hundred and sixty-five days a year.