Drunk Driving / OUI Attorney - Quincy, Boston

Experienced MA criminal defense lawyer for drunk driving, DUI, OUI cases - eastern MA, Norfolk County, Suffolk County

Experienced Mass. DUI OUI lawyer, drunk driving, criminal defense attorney

Drunk Driving or Operating Under the Influence:

First Offense:

Breath/Chemical Test Refusal:

For refusing the breath test after an arrest, your license is immediately suspended for 180 days, before you even have appeared in court.

You have 15 days from the date of the incident to appeal the suspension before the Registry of Motor Vehicles. You have a limited right of appeal only on certain grounds and are fighting an uphill battle from the moment you request a hearing. It is imperative you seek the advice of an experienced attorney.

Alternative Disposition:

Second Offense:

In almost every case, with a breath test refusal or failure you won't be eligible for a hardship or full license restoration for at least 3 years total.

As of January 1, 2006 - An ignition interlock device must be installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement.

Breath/Chemical Test Refusal:

If you refuse to take a breath test on a 2nd offense DUI charge in Massachusetts, your license is immediately suspended for 3 years, before you even appear in court.

You have 15 days from the date of the incident to appeal the suspension before the Registry of Motor Vehicles. You have a limited right of appeal only on certain grounds and are fighting an uphill battle the moment you request a hearing. It is imperative you seek the advice of an experienced attorney.

Alternative Disposition:

Cahill Disposition; (Only available for OUI 2 offense outside ten years):

If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement.

Even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it.

Third Offense:

Breath/Chemical Test Refusal:

If you refuse to take a breath test on a 3rd offense DUI charge in Massachusetts, your license is immediately suspended for 5 years, before you even appear in court.

You have 15 days from the date of the incident to appeal the suspension before the Registry of Motor Vehicles. You have a limited right of appeal only on certain grounds and are fighting an uphill battle the moment you request a hearing. It is imperative you seek the advice of an experienced attorney.

For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty.

Fourth Offense:

Breath/Chemical Test Refusal:

If you refuse to take a breath test on a 4th offense DUI charge in Massachusetts your license is immediately suspended for life.

You have 15 days from the date of the incident to appeal the suspension before the Registry of Motor Vehicles. You have a limited right of appeal only on certain grounds and are fighting an uphill battle the moment you request a hearing. It is imperative you seek the advice of an experienced attorney.

Fifth Offense, and over:

OUI-Serious Bodily Injury:

If you are charged with an OUI where someone is injured, the case becomes more complicated, and is extremely serious. The minimum and maximum penalty varies depending on how the case is charged, and how aggressively the Commonwealth pursues it.

Child Endangerment While OUI:

The charge of child endangerment while OUI provides for an "enhanced penalty" of a mandatory minimum 90 days in jail, to be served after, and not concurrently with, the sentence imposed on the underlying OUI offense. In addition, the charge carries a minimum of a $1,000 fine, which can increase to up to $10,000 after a conviction.

Whenever police find children who appear to be under the age of 14 in the car with a person being arrested for OUI, they will automatically include the charge of child endangerment while OUI, along with the underlying OUI charge.

In subsequent offense cases, the mandatory minimum term of imprisonment is increased to 6 months, and the minimum fine is increased to $5,000.

In many cases the Department of Children and Families will get involved to determine if it believes that the children's best interests would be served by being placed in a foster home.

Top