DUI Lawyer for Massachusetts

OUI and or DUI are the same thing in Massachusetts. OUI (Operating Under the Influence and DUI (Driving Under the Influence). Where there is no distinction between OUI and DUI in Massachusetts, the penalties are the same and serious. To be arrested and charged for an OUI, you need to be operating a motor vehicle on a public road or in any place to which the public has the right of access while under the influence with a blood alcohol at a level of .08% or higher or drivers, if you are a commercial operator with a CDL and are using a commercial vehicle are driving under the influence with a BAC of .04% or more. Driving under the influence also includes being under the influence of drugs, stimulants, depressants, or glue vapors.

Depending on the number of OUI convictions you already have on your record, Massachusetts provides a graduated penalty system.

FIRST OFFENSE

The first offense may cost the following;

  • $500 – $5000 fine
  • $250 head injury fee plus $50 victims fund penalty
  • Prison time up to 2 ½ years
  • License suspension up to 1 year
  • Wait period of three months before the ability to apply for a hardship license

First time offender may be eligible for an alternative resolution to avoid harsher penalties.

SECOND OFFENSE

As an individual’s number of OUI offenses increase so do the penalties. If you are convicted of a second offense OUI in Massachusetts, you face:

  • $600 – $10,000 fine
  • Jail time of 30 days to 2 ½ years
  • License suspension up to 2 years
  • Wait period of one year to apply for a hardship license
  • Installation of ignition interlock device

THIRD OFFENSE

Penalties for a third OUI offense continue to get more severe. A third OUI conviction in Massachusetts will mean the following:

  • $1,000 – $15,000 fine
  • Jail time ranging between 150 days to five years
  • License suspension up to 8 years
  • Wait period of 2 years to apply for a hardship license
  • Installation of ignition interlock device

FOURTH OFFENSE

  • Minimum one year of jail
  • Fine between $1,500 and $25,000
  • 10 year license suspension with hardship eligibility in five to eight years

FIFTH OFFENSE

  • Minimum two years of jail
  • Fine between $2,000 and $50,000
  • Lifetime license suspension with no hardship eligibility

In Massachusetts, all drivers arrested for an OUI are asked to consent to a chemical test of their breath or blood to determine the presence and amount of alcohol or drugs. However, you have the right to refuse this test and we highly recommend that you exercise that right and REFUSE any breath or blood test. This “implied consent” law imposes a license suspension on drivers who refuse the testing which will result in a 180 day suspension of your driver’s license. It would be in your best interest to speak with an experienced OUI attorney in Massachusetts. These charges and license suspensions can often times be reduced or even dismissed if you have the right defense team on your side.

If you have been arrested and charged with Operating Under the Influence (OUI), the Law Office of Melanie Soloman will offer guidance and assistance. Call the Law Office of Melanie Soloman today at (508) 808-4944.

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