Gillman Law was very helpful throughout the OUI court process and with helping remove an immediate threat. I would use them again with any legal issues in the future.
OUI/DUI Lawyer in Malden, MA
OUI/DUI Overview
Protecting Your Rights With DUI Defense in Malden, MA
Navigating OUI/DUI charges can be stressful, but a skilled attorney can significantly impact your case. With a deep understanding of Massachusetts drunk driving laws, an OUI/DUI lawyer in Malden can defend your rights, strive for lesser penalties, and support you at every stage of the legal process.
Clarifying the Difference Between OUI and DUI
The terms OUI ("Operating Under the Influence") and DUI ("Driving Under the Influence") both relate to driving under the influence of alcohol or drugs.
Massachusetts uses OUI as its official term, while DUI and DWI ("Driving While Intoxicated") are used in other states.
Differences include:
- Usage: OUI is unique to Massachusetts; DUI is more widely recognized.
- Definition: OUI covers vehicle operation beyond public roads.
While the terms vary slightly, both describe the same unlawful behavior: driving while impaired.
What Are the OUI/DUI Penalties in Massachusetts?
The penalties for OUI/DUI charges in Malden depend on the number of offenses:
First Offense
- Fines: $500–$5,000.
- Jail Time: Up to 2.5 years.
- License Suspension: 1 year.
- Reduced Suspension: Possible with the 24D alcohol education program.
Second Offense
- Fines: $600–$10,000.
- Jail Time: Minimum 60 days (30 mandatory), up to 2.5 years.
- License Suspension: 2 years.
- Ignition Interlock: Required for hardship license and post-reinstatement for 2 years.
Third Offense
- Fines: $1,000–$15,000.
- Jail Time: Minimum 180 days (150 mandatory), up to 5 years.
- License Suspension: 8 years.
- Ignition Interlock: Mandatory upon license reinstatement.
Repeat offenders often face probation, mandatory alcohol education, and ignition interlock requirements.
Hear From Our Clients
Matt was great at guiding me through the ridiculous process the registry put me through. I was dealt a hard blow by the registry from 30 years ago. They took my license and cdl for an OUI from 1992-1993. Yes over 30 years. I had to go through all the steps to get my license back. Appeals court overturned the registries decision and I can now remove the interlock devise from my vehicle. Thank you Gilman Law.
From the beginning of the pain in the backside of getting not one but 2 OUI They the team they have from the beginning to the end was special! Great people. Great Family People!
He was fantastic. He went above and beyond him and his wife Were very professional..Mr. Gilman will take all your fears away if you were dumb enough to get an oui or a DUI such as myself.. just hire him you won’t be disappointed trust me top-notch!!💯
Navigating OUI/DUI Cases in Malden
Arrest and Booking
The process begins with an arrest if you’re suspected of OUI/DUI:
- Traffic Stop: Officers evaluate you through sobriety tests or a breathalyzer.
- Arrest and Transport: If impairment is suspected, you’ll be arrested and taken to the station.
- Booking Steps: Includes mugshots, fingerprints, and potentially a BAC test.
Arraignment
Following the arrest, arraignment occurs:
- Hearing Charges: You’ll appear in court within 48 hours to hear your charges.
- Entering a Plea: Options include guilty, not guilty, or no contest.
- Bail Review: The judge determines your bail status.
Pre-Trial Process
Pre-trial activities prepare for potential trial:
- Case Review: Evidence is exchanged between defense and prosecution.
- Motions Filed: Your lawyer may challenge evidence or seek dismissal.
- Settlement Talks: Plea agreements may reduce charges and penalties.
Trial Phase
If a trial is necessary:
- Type of Trial: A jury or bench trial is chosen.
- Defense Presentation: Your lawyer contests the prosecution’s evidence.
- Final Outcome: A verdict is delivered, followed by sentencing if guilty.
Sentencing and Appeals
If convicted, the process concludes with:
- Sentencing: Penalties include fines, community service, or jail time.
- Appeals: You may challenge the verdict if errors occurred in the trial.
Why Choose Gilman Law for Expert OUI/DUI Representation in Malden?
When a traffic stop leads to an OUI charge, having the right legal representation makes all the difference. At Gilman Law, our Malden attorneys are dedicated to protecting your rights and guiding you through every stage of the legal process. We bring extensive experience in Massachusetts OUI defense, including challenging the validity of breathalyzer and sobriety test results. Our team will work closely with you to create a tailored defense strategy, ensuring your case is handled with the utmost care and precision. With a strong track record and deep knowledge of RMV regulations, Gilman Law is committed to delivering top-notch representation. Reach out for a free consultation today, and let us help you fight your OUI charges while working to regain your driving privileges.
