OUI/DUI Lawyer Boston

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

Facing OUI/DUI charges in Boston can be a daunting experience. You need a skilled lawyer who understands the complexities of Massachusetts drunk driving laws and can protect your rights. An experienced OUI/DUI attorney can help minimize the potential consequences and guide you through the legal process.

Gilman Law: Expert Legal Defense for Impaired Driving Charges

Our firm specializes in defending clients against OUI/DUI charges in the Boston area. We leverage our in-depth knowledge of local courts, prosecutors, and judges to give you a strategic advantage. We’ll analyze the evidence, challenge field sobriety tests, and explore all possible defenses. Don't let a drunk driving charge derail your life. With the right legal representation, you can fight the charges and work towards the best possible outcome. Contact Gilman Law today to schedule your consultation and learn more about how we can help.

What is the Difference Between OUI and DUI?

OUI and DUI are legal terms used to describe impaired driving offenses. OUI stands for "Operating Under the Influence," while DUI means "Driving Under the Influence."
In Massachusetts, OUI is the official term used for impaired driving charges. Other states may use DUI, DWI (Driving While Intoxicated), or similar acronyms. The key differences between OUI and DUI include the following:

Jurisdiction: OUI is specific to Massachusetts, while DUI is more commonly used in other states.
Legal definition: OUI refers to operating any motor vehicle while impaired, not just driving on public roads.

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

What Type of Law Covers OUI/DUI in Boston?

Massachusetts General Laws Chapter 90, Section 24 covers OUI/DUI offenses. Here’s an overview of the key elements:

In Massachusetts, you're considered legally impaired if your blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%. If you're under 21, any detectable alcohol can result in charges.
Law enforcement may use field sobriety tests, breathalyzers, or blood tests to determine impairment. It's important to note that you can be charged even if your BAC is below 0.08% if officers observe signs of impairment.

Penalties for OUI/DUI Offenses

Massachusetts uses a tiered system for OUI/DUI penalties:

First offense: The penalties for a first offense generally include a fine ranging from $500 to $5,000, up to 2.5 years in jail, and a license suspension for one year. Eligibility for a hardship license or participation in a 24D program, which can reduce the suspension period, might be possible.
Second offense: A second offense typically results in a fine between $600 and $10,000, imprisonment for not less than 60 days (with 30 days mandatory) and up to 2.5 years, and a 2-year license suspension. An ignition interlock device is compulsory for a hardship license and for two years after license reinstatement.
Third offense: The penalties for a third offense can include a fine between $1,000 and $15,000, imprisonment for not less than 180 days (150 days minimum mandatory), up to 5 years in state prison, and an 8-year license suspension. An ignition interlock device becomes mandatory as well.

Additional penalties involve:

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

The Role of Implied Consent Law

Massachusetts' implied consent law means that by driving on public roads, you've agreed to chemical testing if suspected of OUI/DUI. Refusing a breathalyzer test upon arrest for a suspected DUI/OUI can result in an automatic license suspension under Massachusetts' implied consent law. The length of the suspension depends on the offender's prior OUI/DUI records and can range from 180 days to a lifetime suspension. It’s important to note that these suspensions are separate from any penalties resulting from an OUI/DUI conviction. You can still be charged and convicted based on other evidence, even if you refuse testing.

How an OUI/DUI Conviction Can Affect You

An OUI/DUI conviction typically results in a significant increase in car insurance premiums. Insurance companies view such convictions as high risk, which can lead to higher rates or difficulty obtaining coverage. In severe cases, your insurer might cancel your policy, leaving you to find new coverage under potentially less favorable terms. Some other examples include the following:

Job Loss or Difficulty Finding Work: Many employers conduct background checks, and a DUI conviction can adversely affect your job prospects. Certain professions may be particularly impacted, especially those involving driving or operating heavy machinery.
Employment Consequences: If your job involves driving, a DUI conviction could lead to disciplinary actions, job suspension, or even termination, depending on your employer’s policies.
Social Stigma: A DUI conviction can carry a social stigma, impacting your personal relationships and reputation within your community. The perception of impaired judgment or irresponsible behavior can affect how others view you.
Family and Personal Relationships: The stress and fallout from a DUI conviction can strain family relationships and personal connections. The emotional toll of legal battles, potential incarceration, and financial strain can be significant.
Criminal Record: An OUI/DUI conviction becomes part of your criminal record, which can have long-lasting effects on various aspects of your life, including travel, housing, and future employment opportunities.

The Legal Process for OUI/DUI Cases

Arrest and Booking

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

Initial Stop: If a police officer suspects impairment, they will pull you over and may conduct field sobriety tests or use a breathalyzer.
Arrest: If the officer believes you are impaired, you will be arrested and taken to the police station.
Booking: You will be booked at the station, including taking your fingerprints and a mugshot. You may also be asked to provide a sample for a chemical test to determine your BAC.

Arraignment

Following your arrest, the next step is the arraignment:

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

Pre-Trial Procedures

Before the trial, several pre-trial procedures may occur:

Discovery: Both your lawyer and the prosecution exchange evidence and information about the case.
Motion Filings: Your lawyer may file motions to suppress evidence or dismiss the case based on legal technicalities or procedural errors.
Negotiations: There may be discussions about plea deals, where you might agree to plead guilty to a lesser charge in exchange for a reduced sentence.

Trial

If your case goes to trial, here's what you can expect:

Jury Selection: A jury of your peers will be selected to hear the case, though you may opt for a bench trial with only a judge if you prefer.
Presentation of Evidence: Both sides will present evidence and call witnesses. Your lawyer will challenge the prosecution’s case and present your defense.
Closing Arguments: After all evidence is presented, both sides will make closing arguments summarizing their cases.
Verdict: The jury (or judge, in a bench trial) will deliberate and deliver a verdict of guilty or not guilty. If found guilty, sentencing will follow.

Sentencing and Appeals

If convicted, sentencing and potential appeals will follow:

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

How a Specialized OUI/DUI Lawyer Can Help

The legal process for OUI/DUI cases can be daunting. If necessary, a specialized lawyer will guide you through each step, from arraignment to trial. Here’s how:

Challenging the Traffic Stop

Your defense attorney will examine the legality of the initial traffic stop. They'll investigate whether the officer had probable cause or reasonable suspicion to pull you over. Any evidence gathered afterward may be inadmissible in court if the stop was unlawful.
Your lawyer will review police reports, dash cam footage, and witness statements to identify any inconsistencies. They'll look for violations of your constitutional rights during the stop and subsequent arrest.
If the officer failed to follow proper procedures or violated your rights, your attorney may file a motion to suppress evidence. This could lead to reduced charges or even case dismissal.

Questioning Field Sobriety and Breathalyzer Tests

Field sobriety tests are subjective and can be affected by various factors. Your attorney will scrutinize how these tests were administered and interpreted. They'll consider conditions like weather, road surface, and your physical health that may have influenced your performance.
Breathalyzer tests, while seemingly objective, can be flawed. Your lawyer will investigate the device's maintenance records, calibration, and the officer's training in its use. They'll also explore potential sources of error, such as medical conditions or environmental factors that could affect results.
Your attorney may challenge the accuracy of these tests or the officer's qualifications to administer them. This strategy can cast doubt on the prosecution's evidence and strengthen your defense.

Navigating the Court System

Massachusetts OUI/DUI laws are complex and constantly evolving. A specialized lawyer stays up-to-date with these changes, ensuring you receive the most current legal advice.
Your attorney will handle all court filings and paperwork, ensuring deadlines are met and proper procedures are followed. This attention to detail can make a significant difference in the outcome of your case.
They'll advise you on whether to accept a plea deal or go to trial. Your lawyer will also represent you at Registry of Motor Vehicles hearings, fighting to minimize license suspensions and other penalties.
With a specialized OUI/DUI lawyer, you'll have a dedicated advocate working to protect your rights and achieve the best possible outcome for your case.
Specialized lawyers are familiar with local judges and prosecutors. This knowledge can be invaluable when negotiating plea bargains or presenting your case in court.

Why Choose Gilman Law as Your OUI/DUI Lawyer in Boston?

Your life can be upended from the moment you encounter flashing lights in your rearview mirror. Having an experienced Boston OUI lawyer on your side can provide clarity and reassurance during this stressful time. At Gilman Law, we are dedicated to answering your questions and protecting your rights throughout the legal process. Our team at Gilman Law specializes in representing clients charged with OUI and DUI offenses across Massachusetts. We will help you navigate the legal system, challenge breathalyzer and field sobriety test results, and develop a strategy to achieve the best possible outcome.

With our extensive experience and in-depth knowledge of the RMV processes,the team of attorneys at Gilman Law are statewide leaders in this field and are well-equipped to handle your case and advocate for you effectively. Contact us today for a free consultation to learn more about how we can assist you with Massachusetts OUI charges and work towards restoring your driving privileges.