What to Expect During an OUI Arrest

If law enforcement has pulled you over for suspicion of OUI driving, the experience was likely extremely unpleasant. Yes, you are innocent until proven guilty – but you can expect to be treated as if you are guilty as charged.

You will be transported to the police station, typically in handcuffs, and booked. Under Massachusetts law, the prosecuting attorney may ask the judge to hold you without bail for up to 120 days, based on a “dangerousness hearing.” It is absolutely imperative that your first call is to Gilman Law – your ability to return home or avoid the extreme consequences of a conviction will in large part be the result of the skills and fast legal actions of your OUI defense lawyer

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The consequences of pleading guilty or a conviction for fourth time OUI

If you are accused of driving drunk or drug intoxicated, and have three prior convictions on your record, the consequences of pleading guilty or a conviction for the offense can be life changing. You will lose your freedom for a minimum of one year, and as the charge is filed as a felony, you will face life as a convicted felon. You will probably lose any professional license, find it difficult to rent a home, get a job, could lose custody of your children, along with other consequences. With the Massachusetts “lifetime lookback” period, any OUI or DUI conviction, no matter how long ago, can lead to a fourth time OUI charge. This is where a driving under the influence lawyer in Massachusetts can help.

Defending a fourth OUI

To defend against a fourth OUI, the first step is a full investigation into the facts in the case. Several aspects of your case may allow for a full dismissal, and you deserve to be represented by a DUI attorney that is known to go the distance to craft a viable defense strategy to fight back. Some of the strategies that could be successful include:

Illegal stop

If law enforcement violated your Constitutional rights, stopping you without probable cause, any evidence gathered after the stop will not be admissible in court, and the case will be dropped.

Drug intoxication unproven

After being pulled over and not blowing over the .08 BAC limit, law enforcement may allege you were driving under the influence of drugs, but are often unable to prove what drug, whether you were impaired, even with blood testing.

Improper protocols for sobriety testing

Sobriety testing must be performed correctly. Field sobriety tests, such as the one leg stand, can be failed for many reasons other than drug or alcohol intoxication.

Blood testing errors

The chain of custody of a blood sample may be in question, or the lab blood testing procedure faulty.

Lack of sufficient evidence

If you refused the breathalyzer test or refused to perform the sobriety tests, very little evidence exists to convict you. However, you will face a lifetime license suspension for refusing testing, which must be addressed with the RMV.

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Can you avoid conviction in a fourth OUI?

If you have been charged with a fourth OUI, you have the right to plead not guilty. If you accept your fate and plead guilty, plan on spending at least one year of incarceration. These high-stakes cases usually require a jury trial. The presentation of your defense case, and the skills of your attorney, stand between you and a future, after your release from prison, living as a convicted felon. 

Why choose Gilman Law for your defense?

At Gilman Law, your drunk driving defense in MA will be managed by one of the leading license suspension defense lawyers in the state. When represented by the firm, you can expect total honesty, respect, and fast, effective legal action. The lawyer from the firm often gets to work the same day a case is taken on. The firm offers payment plans, flat fees for many services, and always gives clients honest opinions – they deserve the truth.

As experts in the field of driver’s license reinstatement, with the firm’s founder formerly serving as an RMV hearing officer, the firm is known for the ability to navigate the RMV successfully. The last thing you need is an attorney that will drag out your case, just to charge you more. That’s not how Gilman Law operates. The firm works fast and knows what it takes to win.

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Call Gilman Law – Your freedom may depend on what we do.

If you have been arrested for OUI, make your first call to Gilman Law, and exercise your right to remain silent. Do not answer questions, engage in conversations with “friendly” law enforcement personnel, or other inmates. Simply wait for us to arrive and act as your advocate. You can be confident that we will seek any possible advantage in your case.

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