Boston Drunk Driving Attorney
Massachusetts OUI Law Firm
If you're facing drunk driving charges in Massachusetts, you cannot afford anything other than the most aggressive and highly-creative criminal defense attorneys - a team of lawyers who concentrate on drunk driving law.
The Massachusetts Criminal Defense Group is a law firm made of former prosecutors who know the ins-and-outs of the criminal justice system, including prosecutorial guidelines and how to most effectively negotiate with the other side.
As if that weren't enough, our sister firm - The Massachusetts DUI Defense Group - has built the reputation of designing bullet-proof defense theories for our clients. We file motions to suppress evidence, for discovery regarding roadblocks, for production and preservation of videotapes, etc.
Massachusetts, along with every other state in the United States, has its own set of drunk driving laws. Some claim the Commonwealth is one of the toughest when it comes to prosecuting cases, and that it has the harshest penalties - even for first-time offenders.
In Massachusetts, criminal penalties often include:
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Loss or suspension of driving privileges (Note: Driving is a privilege, not a right!)
- Large fines
- Substance-abuse treatment and in-patient programs
- Jail or prison time
- Community service
- Restitution
- Criminal record
-
Probation
and license programs, including ignition interlock devices and Hardship License programs through the Registry of Motor Vehicles (RMV)
Terminology of Drunk Driving Charges
The criminal offense of drunk driving is referred to as Operating Under the Influence ("OUI") in Massachusetts, but it goes by a variety of names amongst other states, including:
- Driving under the influence (DUI)
- Driving while intoxicated (DWI)
- Operating while intoxicated (OWI)
- Driving under the influence of intoxicants (DUII)
- Driving while under the influence (DWUI)
When you are arrested and charged for drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an experienced criminal defense attorney. The laws are complex in Massachusetts, but with the guidance of an experienced and aggressive defense lawyer, it can make a significant difference in the outcome of your case.
What the Prosecutor Must Prove in a Massachusetts OUI Case
The prosecution, through the District Attorney's office, must prove three separate and distinct points, beyond a reasonable doubt, in order to prevail on a conviction.
It must be proven that (1) you were operating a motor vehicle, (2) on a public way, (3) while under the influence of drugs or alcohol at the time that you were operating.
While this may appear relatively straight forward, there is specific case law relating to each of the different elements - operating, public way, and influence. For example, the Massachusetts courts have considered the following scenarios valid pertaining to the operation element:
- Defendant found in a legally parked car with the engine running;
- Defendant found asleep in the front seat of an erratically parked car with engine running and headlights on;
- Defendant inserting a key and activating the electrical system alone, despite fact that the vehicle could not have been moved due to a road condition;
- Defendant engaged the engine by shifting into neutral to start the vehicle by going down steep incline
To learn more about these - and the defenses relating to each - go to our Drunk Driving Information Center.
How High Was Your Breath Test?
If you are over the age of 21, did you blow well over .08? If you are under the age of 21, did you blow anything over a .02? Even if you did, you don't have to just plead guilty and accept your fate. We may be able to help you fight the case.
Toothpaste, mouthwash, and other alcohol-containing substances can give a false positive on a breathalyzer test, even though the person may in fact be sober. That's why law enforcement officers are supposed to observe drivers for 15 minutes before administering a breath test - to ensure that enough time has passed since the last drink to avoid a false test. Even certain lip balms and chapsticks contain alcohol-based ingredients. The residual alcohol in your mouth can be effected if you take a reading directly after brushing your teeth, sipping a beer, or belching.
Some of our DUI Defense Attorneys have built their careers around overcoming seemingly impossible challenges, such as strong breathalyzer test evidence. We thrive on these challenges and take pride in our abilities to find unique ways to get past them and protect your future from the consequences of a Massachusetts OUI conviction.
Challenging Field Sobriety Tests
Unlike refusing the breathalyzer, refusing to submit to one - or all - of the field sobriety tests carries no additional penalty. Additionally, case law is clear that a defendant's refusal to perform field sobriety tests when requested to do so by the police may not be admitted into evidence, since such evidence also violates the privilege against self-incrimination under Article 12 of the Massachusetts Declaration of Rights.
If you have recently been arrested and charged with DUI/OUI in Massachusetts, this information may come too late. But even if you submitted to the field sobriety tests and the officer claims that you "failed," remember this - that result is limited to his or her own interpretation, and there are several ways to challenge the officer's subjective opinion.
Field sobriety tests were designed by the National Highway Traffic Safety Administration (NHTSA) for the purpose of helping police officers estimate a person's blood alcohol content (BAC) and to facilitate the identification by an officer of those who may be above the legal limit. But these tests provide no direct, empirical scientific evidence that one was driving in an impaired state. Think about it: whether or not you can hold your leg up for 15 seconds in a row, or make the toes on one foot touch the back of your heel of the other while walking in a straight line is not likely something that most people can do well at any time - let alone when they are under the influence of alcohol.
Our DUI Defense Attorneys have "the Playbook" from the National Highway Transportation Safety Administration which dictates how FST's are to be administered. Most officers don't follow procedure - and even fewer can testify as to what the proper procedures are when our attorneys question them on the stand during cross-examination!
What Happens If I Get Caught Operating On A Suspended License?
Driving a motor vehicle when your license is suspended for an OUI conviction in considered a new, very serious offense. Penalties in all Massachusetts courts include fines and up to 60 days in jail. If you're on probation for a prior OUI offense and you're caught driving with a suspended license, you've violated your probation and face penalties for that as well.
Why Should I Hire a Private Attorney?
Can't I Just Use a Public Defender?
Public defenders are assigned to your case. As the defendant, you have no ability to interview or even choose who you get to defend you. You don't know their experience level or how motivated they are in fighting to protect your life.
Furthermore, you don't get the benefit of having the public defender present in dealing with the RMV. You are on your own. It's you versus an administrative agency that has the "unfettered discretion" and full authority to suspend or revoke your driver's license under certain circumstances.
Our DUI Attorneys and OUI Lawyers are available 24 hours a day, 7 days a week.
Time is a critical element in drunk driving cases, and we are determined to keep it on our side. When you call (800) 461-6900, we will either answer the phone right away, or call you back within the half hour.
With Former Prosecutors On Our Team,
There Is a Solution For Every Case…
We Can Help You!
In many cases, overburdened prosecutors don't have the time or resources to call every witness, prove your actual blood alcohol level at the time of the arrest, or verify that the officer followed proper procedure. As your DUI Defense Attorneys, we challenge the case against you on every level, supported by facts, evidence, and eye-witness testimony.
For a
free case evaluation
, call (800) 461-6900. We have offices across Massachusetts and are available at night and over the weekend - we even meet with clients on Sundays.
Most recently, Attorney Clarissa Wright held the Commonwealth to its burden of proving each element of the crime beyond reasonable doubt and won a Not Guilty finding for our client because the judge felt, "it just wasn't enough." We can do the same for you. Call us at (800) 461-6900, or contact us online.
Other than your OUI charges, we can also help you in the following ways:
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Attend an RMV Hearing if your driver's license has been taken away.
- Attend a Clerk Magistrate "Show Cause" Hearing in an effort to have a dismissal of all misdemeanor criminal charges against you dropped completely
- Seek to have former criminal arrests and convictions erased from your criminal record pursuant to a petition to seal