The Vital Role of an OUI Defense Attorney After an Arrest

If convicted for a second OUI, the consequences typically include incarceration, expensive fines, and losing the legal right to drive. Your first act following an arrest for an OUI offense should be to retain an OUI defense attorney who has extensive experience and has a track record of positive case outcomes.

Gilman Law is among the largest driver’s license suspension defense firms in Massachusetts, and the go-to resource for OUI defense and license suspension issues. We offer flat-fee services for several services and are ready to discuss the facts in your case with you immediately after your arrest.

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Penalties for second OUI

Massachusetts has a “lifetime lookback” period. Any prior OUI or DUI conviction will be considered a prior offense by the RMV, no matter how long ago the incident occurred, and in what state. The penalties imposed by the court could in a conviction could include:

  • Driver’s license suspension up to two years
  • Requirement to install an ignition interlock device in any vehicle you operate
  • Fines of $600 to $10,000 
  • Jail time from 30 days to 2 ½ years

Refusing the breathalyzer – the consequences

If you refuse the breathalyzer test when suspected of a second OUI offense, you will face three years of license suspension, without the option of a hardship license. If this is your situation, at Gilman Law, we can appeal. The appeal must be filed immediately, as there are only 15 days in which to do so. Our founding attorney formerly worked at the RMV as a Hearing Officer. He is well qualified to help you with license suspension or revocation. His experience on the “other side” allows him to navigate the system for you, effectively.

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Alternatives to jail time

Every OUI charge has unique facts and evidence, and a full evaluation of the facts is the first step in planning a defense case. In a second OUI charge, it may be possible to avoid jail time by attending a two-week inpatient program. This alternative includes the following:

  • 14 days in an inpatient facility for alcohol or drug treatment – at your expense
  • 26 week mandatory follow-up course
  • Two years on probation
  • Up to three years of license suspension
  • Once license restored, installation of an ignition interlock device in any vehicle you drive

You have rights – Gilman Law protects those rights.

After being arrested and charged with a second OUI offense, every action makes a difference in the case outcome. If accused of driving drunk, exercise your right to remain silent, and your right to a driving while intoxicated lawyer in Massachusetts, and contact Gilman Law, one of the leading OUI defense law firms in the state. The arrest and booking process are very stressful and unpleasant. You will likely be handcuffed and transported to the police station and then booked. The booking process can take time, and you may not have access to a phone for several hours. As soon as you are given phone access, call Gilman Law.

You have the right to an independent medical examination. After speaking with your attorney, this may be advised. If you plead guilty, you will lose your license for up to three years. Many OUI cases can be successfully defended – you need to find out all the options before deciding to plead guilty. The entire case could be dismissed, the charges reduced, or an acquittal achieved at trial.

Defending a second time OUI in Massachusetts

The defense strategies that could be employed to help avoid a criminal conviction could include:

Illegal stop

Law enforcement pulled you over without reasonable cause.

Field sobriety test errors

Law enforcement failed to follow the proper protocols in roadside tests.

You were not drunk, or drug intoxicated

Some medical conditions can look like intoxication. 

Blood test sample errors

A blood test was not correctly performed, the sample not correctly stored, or the testing lab has a history of errors.

Breathalyzer testing failure

The breath testing unit may have a history of errors, has not been properly calibrated or maintained, or the breath test was administered incorrectly.

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Get your license back, with our help.

Gilman Law is one of the largest driver’s license suspension law firms in Massachusetts. The firm charges a flat fee for many services, offers payment plans, and often gets to work to resolve OUI charges the same day. The firm performs all the administrative work with the RMV and knows how to get you back behind the wheel, legally and efficiently. The Massachusetts impaired driving defense lawyers and staff at Gilman Law work hard, respect every client, and speak with them honestly. You can expect an honest opinion about what to expect in your case – deserve to know the truth. The firm is proud to be known as the go-to resource for OUI/DUI and license suspension and are experts in the field of driver’s license reinstatement. Don’t plead guilty to an OUI charge without calling Gilman Law – your future freedom and right to drive is at stake.

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