Comprehensive OUI/DUI Legal Support in Framingham, Massachusetts


Confronting OUI/DUI charges can feel daunting and uncertain. To safeguard your rights, you need a dedicated attorney with a deep understanding of Massachusetts' DUI laws. An accomplished OUI/DUI lawyer in Framingham can help minimize potential repercussions and provide steadfast support throughout your case.

Man driving a car at sunset

OUI vs. DUI: How They Differ


OUI, short for Operating Under the Influence, and DUI, or Driving Under the Influence, are terms commonly used to describe impaired driving offenses.

Massachusetts designates impaired driving as OUI, whereas other states may refer to similar violations as DUI, DWI, or other terms.

The primary differences between OUI and DUI involve:

  • Geography: OUI is specific to Massachusetts, while DUI is more widely recognized across other states.
  • Scope of Coverage: OUI applies to any form of vehicle operation while impaired, not only on public roads. It covers operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, marijuana, narcotics, or other drugs. 

While the terms vary, both OUI and DUI represent the same legal issue: operating a vehicle under the influence of alcohol or drugs.

Laws and Penalties for OUI/DUI Offenses in Framingham


In Dudley, Massachusetts, Operating Under the Influence (OUI) offenses are governed by state laws applicable throughout the Commonwealth. The primary statute is Massachusetts General Laws Chapter 90, Section 24, which outlines offenses related to operating a vehicle under the influence of alcohol or drugs. 

First Offense

  • Fines: $500 to $5,000.
  • Jail Time: Up to 2.5 years.
  • License Suspension: One year.
  • Additional Options: Eligibility for a hardship license or reduced suspension with completing the 24D alcohol education program.

Second Offense:

  • Fine: $600 to $10,000.
  • Imprisonment: A minimum of 60 days (with at least 30 days served), up to 2.5 years.
  • License Suspension: Two years.
  • Ignition Interlock: Required for hardship license eligibility and two years after license reinstatement.

Third Offense:

  • Fine: $1,000 to $15,000.
  • Imprisonment: At least 180 days (150 days mandatory), up to 5 years.
  • License Suspension: Eight years.
  • Ignition Interlock: Mandatory upon license reinstatement.

Additional Penalties:

Probation, mandatory alcohol education programs, and ignition interlock devices are standard, especially for repeat offenders.

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How an OUI/DUI Conviction Can Change Your Life


An OUI/DUI conviction may lead to a dramatic rise in auto insurance premiums as insurers classify these individuals as high-risk. This reclassification can result in higher costs, limited options for coverage, or even policy cancellations, requiring you to secure new, potentially more costly insurance.

Further consequences include:


Difficulty with Employment

Finding employment can be more difficult with a DUI on your record, as many employers conduct background checks, especially in fields involving driving or equipment operation.

Job Impacts

If driving is essential to your role, a DUI could lead to disciplinary action, suspension, or even job loss, depending on workplace policies.

Social and Community Effects

A DUI conviction can affect social standing, leading to judgment or stigma from peers, friends, and community members.

Impact on Family and Friends

The strain of dealing with legal issues, possible incarceration, and financial burdens can negatively affect personal relationships, leading to tension and emotional stress.

Long-Term Criminal Record Consequences

A DUI on your criminal record can hinder opportunities such as international travel, housing applications, and specific career paths, affecting your future in multiple ways.

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The Legal Process for OUI/DUI Cases in Framingham


Arrest and Booking

The process begins with your arrest for suspected OUI:

  • Traffic Stop: Police may stop you if they suspect you are impaired and administer field sobriety or breathalyzer tests.
  • Detention and Arrest: If impairment is detected, the officer will arrest you and take you to the police station.
  • Booking: You are processed at the station, including fingerprinting, a mugshot, and possibly a BAC test.

Arraignment

After the arrest, the arraignment process begins:

  • Court Appearance: You will appear before a judge within 48 hours.
  • Charge Announcement: The judge reads the charges, and you can enter a plea.
  • Bail Decision: The judge will determine whether bail is possible or custody is required.

Pre-Trial Actions

Several pre-trial steps may occur:

  • Discovery: Evidence is shared between the prosecution and your defense attorney.
  • Motions: Your attorney might file motions to suppress evidence or argue for case dismissal.
  • Plea Deals: Discussions may occur to reach a plea agreement for a lesser charge or sentence.

Trial Stage

If no plea deal is reached, the case moves to trial:

  • Selecting the Jury: A jury is chosen unless you opt for a judge-only trial.
  • Presenting Evidence: Both sides present their evidence and call witnesses.
  • Final Arguments: Each side summarizes its case.
  • Verdict and Sentencing: A verdict is reached, and sentencing follows if there is a conviction.

Sentencing and Appeals Process

If convicted, the next steps include:

  • Sentencing: The judge assigns penalties, including fines, probation, or jail time.
  • Appeals: If errors are believed to have occurred, you may appeal to a higher court for review.

How an OUI/DUI Conviction Can Change Your Life

An OUI/DUI conviction may lead to a dramatic rise in auto insurance premiums as insurers classify these individuals as high-risk. This reclassification can result in higher costs, limited options for coverage, or even policy cancellations, requiring you to secure new, potentially more costly insurance.

Further consequences include:


Difficulty with Employment

Finding employment can be more difficult with a DUI on your record, as many employers conduct background checks, especially in fields involving driving or equipment operation.

Job Impacts

If driving is essential to your role, a DUI could lead to disciplinary action, suspension, or even job loss, depending on workplace policies.

Social and Community Effects

A DUI conviction can affect social standing, leading to judgment or stigma from peers, friends, and community members.

Impact on Family and Friends

The strain of dealing with legal issues, possible incarceration, and financial burdens can negatively affect personal relationships, leading to tension and emotional stress.

Long-Term Criminal Record Consequences

A DUI on your criminal record can hinder opportunities such as international travel, housing applications, and specific career paths, affecting your future in multiple ways.

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Trust Gilman Law for Effective OUI/DUI Defense in Framingham


Seeing flashing police lights can be frightening. Having an experienced OUI attorney from Framingham on your side can provide reassurance and guidance during this stressful time.

Gilman Law is committed to upholding your rights and answering all your questions throughout the defense process. Specializing in OUI and DUI cases across Massachusetts, our team is prepared to help you navigate the legal landscape, contest field sobriety and breathalyzer results, and develop a defense strategy focused on achieving the best possible resolution.

With a deep understanding of RMV procedures and a strong reputation in OUI law, the attorneys at Gilman Law have the expertise necessary to advocate for you effectively. Contact us today for a complimentary consultation to discuss your Framingham OUI case and discover how we can help restore your driving privileges.

Matthew Gilman in his office
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