The courts in Massachusetts impose heavy penalties for OUI, even a first-time misdemeanor offense.
If you have been pulled over by law enforcement who suspect you are operating a vehicle while under the influence of alcohol or drugs, and you “blow” over the limit, you are at the beginning of a very difficult – and dangerous – experience. If found guilty, the penalties include expensive fines, license suspension, and jail time.
The range of penalties you could face if convicted of a first-time OUI include:
While you have a right to refuse a breath or blood test, this decision affects the legal right to drive. The legal limit in MA, along with other states, is .08 BAC (blood alcohol content). This BAC level can register after just two beers. If law enforcement claims you did not deliver enough breath into the unit to register on the testing unit, they will consider the test a “refusal,” and your license will be suspended or revoked, with no notification period. While refusing the test is not a criminal offense, you will lose your right to drive immediately. The driver’s license suspension period for a person with no previous convictions for OUI is 180 days. If you have a prior conviction, refusing the test could involve years of driver’s license revocation.
An arrest for OUI is usually a very stressful experience. While you are innocent until proven guilty, it won’t feel that way. As a defendant, you have rights. Exercise your right to remain silent, and your right to an attorney. Don’t try to explain, argue, or discuss the situation with law enforcement personnel – it can backfire. Step one is to contact Gilman Law as soon as you are granted phone access.
To be pulled over, law enforcement must suspect you were involved in some type of criminal activity, or you have violated a traffic law. If you were pulled over without “probable cause,” and your defense attorney can prove the fact, your case will be dismissed.
Breath testing units are man-made devices, and as such, can fail. Breath testing devices may not have been properly calibrated, maintained, or the breath test may have been administered incorrectly. All of the details of what occurred must be fully reviewed by your OUI defense attorney to discover any departures from standard protocols.
Field sobriety testing is not infallible, and a person could fail to successfully perform a “one-leg stand” and other tests for many reasons other than consuming alcohol, including medical conditions, age, anxiety, fatigue, poorly delivered instructions, of body weight.
Other evidence may support that you were not driving under the influence of alcohol, such as pulling over swiftly and correctly, handing the officer your license and registration immediately, answering questions coherently, and acting in a reasonable and respectful demeanor.
If you are suspected of over being under the influence of drugs, a blood test may be administered. The chain of custody of the sample, the blood testing procedure, and other lab errors may be identified when the facts are investigated.
If arrested for being under the influence of drugs, after alcohol impairment has been ruled out, the evaluation can be challenged by your attorney as failing to prove drug intoxication.
Gilman Law is one of the largest driver’s license suspension defense law firms in Massachusetts. The firm offers flat fee representation for many services, payment plans, and often gets to work on an OUI case the same day. The firm performs all the administrative work with the RMV, fighting to get drivers back behind the wheel, efficiently and legally.
Our founder, Matthew Gilman, formerly served as an RMV Hearing Officer. He understands that RMV Hearing Officers serve as judge, jury, and prosecutor when it comes to license suspension. Mr. Gilman’s experience on “the other side” has given him deep insight into how to navigate the RMV for the benefit of his clients. The firm is widely known as the “go-to” law firm for OUI defense and license suspension or revocation.
