OUI/DUI And License Suspension Attorneys In Attleboro

Name: Gilman Law P.C.
Telephone: (978) 504-2673
Price range: Free Consultation
Rating: 4.9

Expert DUI Defense in Attleboro, MA

Dealing with OUI/DUI charges can be overwhelming. To safeguard your rights, it's essential to have a knowledgeable attorney who is well-versed in Massachusetts' drunk driving laws. A seasoned OUI/DUI lawyer in Attleboro can assist in reducing potential penalties and navigate you through the legal proceedings.

What is the Difference Between OUI and DUI?

OUI and DUI are legal terms for offenses related to impaired driving. OUI stands for "Operating Under the Influence," while DUI means "Driving Under the Influence."

In Massachusetts, the term OUI is officially used for impaired driving charges, whereas other states may refer to it as DUI, DWI (Driving While Intoxicated), or similar acronyms.

The primary differences between OUI and DUI are:

Jurisdiction: OUI is specific to Massachusetts, while DUI is more frequently used in other states.
Legal Definition: OUI encompasses operating any motor vehicle while impaired, not limited to driving on public roads.

Despite these differences, both terms ultimately describe the same offense: operating a vehicle while under the influence of alcohol or drugs.

What Type of Law Covers OUI/DUI in Attleboro?

Massachusetts General Laws Chapter 90, Section 24 addresses OUI/DUI offenses. Here are the main points to consider:

In Massachusetts, you are deemed legally impaired if your blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the threshold is 0.04%. Additionally, if you are under 21, any detectable amount of alcohol can lead to charges.
Law enforcement may use field sobriety, breathalyzer, or blood tests to assess impairment. It's important to understand that you can still face charges even if your BAC is below 0.08% if officers observe indications of impairment.

Penalties for OUI/DUI Offenses

Massachusetts adheres to a tiered system for OUI/DUI penalties:

First Offense: Penalties for a first offense typically include a fine ranging from $500 to $5,000, up to 2.5 years in jail, and a one-year license suspension. You may be eligible for a hardship license or participation in a 24D program, which can help reduce the suspension period.
Second Offense: A second offense usually results in a fine between $600 and $10,000, with a mandatory minimum imprisonment of 60 days (30 days must be served) and a potential maximum of 2.5 years. Additionally, there is a two-year license suspension, and an ignition interlock device is required for a hardship license and for two years following license reinstatement.

Third Offense: Penalties for a third offense can include a fine ranging from $1,000 to $15,000, a minimum of 180 days in jail (with 150 days mandatory), up to 5 years in state prison, and an eight-year license suspension. An ignition interlock device is also compulsory.

Additional penalties may include:

The possibility of probation
Mandatory alcohol education programs (such as the 24D program for first-time offenders)
The requirement to install an ignition interlock device for certain offenses, particularly for repeat offenses

The Role of Implied Consent Law

In Massachusetts, the implied consent law stipulates that by driving on public roads, you consent to chemical testing if suspected of OUI/DUI. If you refuse a breathalyzer test when arrested for a suspected OUI/DUI, you may face an automatic license suspension under this law. The duration of the suspension varies based on the individual’s prior OUI/DUI history, ranging from 180 days to a lifetime suspension. It's important to understand that these suspensions are independent of any penalties arising from an OUI/DUI conviction. You can still be charged and convicted based on other evidence, even if you decline testing.

How an OUI/DUI Conviction Can Impact You

A conviction for OUI/DUI can lead to a substantial increase in your car insurance premiums. Insurance companies often classify such convictions as high risk, resulting in higher rates or challenges in obtaining coverage. Sometimes, your insurer may even cancel your policy, forcing you to seek new coverage under potentially less favorable conditions.

Here are some additional consequences to consider:

Job Loss or Difficulty Finding Employment:

Many employers perform background checks, and a DUI conviction can negatively impact your job prospects. Certain professions, particularly those that involve driving or operating heavy machinery, may be especially affected.

Employment Consequences:

If your job requires driving, a DUI conviction could result in disciplinary actions, suspension, or even termination, depending on your employer's policies.

Social Stigma:

A DUI conviction can carry a social stigma, affecting your personal relationships and reputation within your community. Others may perceive you as having impaired judgment or irresponsible behavior.

Family and Personal Relationships:

The stress and repercussions of a DUI conviction can strain family dynamics and personal connections. The emotional burden of legal issues, potential incarceration, and financial difficulties can be significant.

Criminal Record:

An OUI/DUI conviction will become part of your criminal record, which can have enduring effects on various aspects of your life, including travel, housing, and future job opportunities

The Legal Process for Attleboro OUI/DUI Cases

Arrest and Booking

The legal process starts with your arrest if you are suspected of driving under the influence. During this stage:

Initial Stop: If a police officer suspects that you are impaired, they will pull you over and may administer field sobriety tests or use a breathalyzer.
Arrest: If the officer determines that you are impaired, you will be arrested and taken to the police station.
Booking: At the station, you will go through the booking process, which includes having your fingerprints taken and a mugshot captured. You may also be requested to provide a sample for a chemical test to assess your blood alcohol concentration (BAC).

Arraignment

After your arrest, the next phase is the arraignment:

Court Appearance: You will appear before a judge in a Boston court, usually within 48 hours of your arrest.
Charges Read: The judge will outline the charges against you, and you will have the chance to enter a guilty plea, not guilty, or no contest.
Bail and Release: The judge will decide whether you can be released on bail or must remain in custody until your case proceeds.

Pre-Trial Procedures

Prior to the trial, several pre-trial procedures may take place:

Discovery: Your attorney and the prosecution will exchange evidence and information relevant to the case.
Motion Filings: Your lawyer may file motions to suppress specific evidence or to dismiss the case due to legal technicalities or procedural mistakes.
Negotiations: There may be discussions regarding plea deals, where you could agree to plead guilty to a lesser charge in return for a reduced sentence.

Trial

If your case proceeds to trial, here’s what you can anticipate:

Jury Selection: A jury of your peers will be chosen to hear the case, although you have the option to request a bench trial with only a judge if that is your preference.
Presentation of Evidence: Both the prosecution and defense will present evidence and call witnesses. Your attorney will challenge the prosecution's case and present your defense.
Closing Arguments: Once all evidence has been presented, both sides will deliver closing arguments summarizing their respective cases.
Verdict: The jury (or the judge in a bench trial) will deliberate and reach a guilty or not guilty verdict. If you are found guilty, sentencing will follow.

Sentencing and Appeals

If you are convicted, the next steps will involve sentencing and the possibility of appeals:

Sentencing: The judge will determine a sentence based on the severity of the offense and any mitigating or aggravating circumstances. This may include fines, community service, probation, or incarceration.
Appeals: If you believe there were legal errors during the trial or sentencing, you can file an appeal with a higher court to review the case.

How a Specialized OUI/DUI Lawyer Can Assist You

Navigating the legal process for OUI/DUI cases can be overwhelming. A specialized lawyer will help guide you through each step, from arraignment to trial. Here’s how they can assist:

Challenging the Traffic Stop

Your defense attorney will evaluate the legality of the initial traffic stop, investigating whether the officer had probable cause or reasonable suspicion to pull you over. Any evidence collected afterward may be deemed inadmissible in court if the stop was unlawful.
Your lawyer will review police reports, dash cam footage, and witness statements to identify inconsistencies. They will also look for any violations of your constitutional rights during the stop and subsequent arrest. If proper procedures were not followed, your attorney may file a motion to suppress evidence, potentially leading to reduced charges or even a case dismissal.

Questioning Field Sobriety and Breathalyzer Tests

Field sobriety tests are inherently subjective and can be influenced by various factors. Your attorney will scrutinize how these tests were conducted and interpreted, considering weather conditions, road surface, and physical health that may have affected your performance.
While breathalyzer tests may seem objective, they can have flaws. Your lawyer will investigate the device's maintenance records, calibration, and the officer's training in its use.
They will also explore possible sources of error, such as medical conditions or environmental factors that could impact the results. Your attorney may challenge the reliability of these tests or the officer's qualifications to administer them, which can undermine the prosecution's evidence and bolster your defense.

Navigating the Court System

Attleboro, Massachusetts, OUI/DUI laws are intricate and continually changing. A specialized lawyer stays informed about these developments to provide you with the most current legal advice.
Your attorney will manage all court filings and paperwork, ensuring that deadlines are met and procedures are followed correctly. This meticulous attention to detail can significantly influence the outcome of your case.
They will advise you whether to accept a plea deal or proceed to trial. Additionally, they will represent you at Registry of Motor Vehicles hearings, working to minimize license suspensions and other penalties.
With a specialized OUI/DUI lawyer by your side, you will have a dedicated advocate committed to protecting your rights and striving for the best possible outcome in your case. Additionally, their familiarity with local judges and prosecutors can be invaluable when negotiating plea bargains or presenting your case in court.

Why Select Gilman Law as Your OUI/DUI Attorney in Attleboro?

Your life can be turned upside down the moment you see flashing lights in your rearview mirror. Having an experienced OUI attourney from Attleboro by your side can bring clarity and reassurance during this challenging time.

At Gilman Law, we are committed to addressing your concerns and safeguarding your rights throughout the legal process. Our team specializes in representing clients facing OUI and DUI charges throughout Massachusetts. We will assist you in navigating the legal system, contesting breathalyzer and field sobriety test results, and formulating a strategy to achieve the best possible outcome.

With our extensive experience and comprehensive understanding of RMV processes, the attorneys at Gilman Law are recognized leaders in this field and are well-prepared to handle your case and advocate effectively on your behalf. Contact us today for a free consultation to discover how we can support you with your Attleboro OUI charges and work towards restoring your driving privileges.