Being pulled over and arrested on OUI charges in Massachusetts can be upsetting and disorienting. You’re unsure of your options, and the legal system feels stacked against you.
An arrest doesn’t just ruin a weekend; the impacts can be significant and have personal, professional, and financial consequences for you and your family. What are your options when arrested for an OUI? Can charges be contested?
In this article, we’ll break down the legal implications of an OUI charge in Massachusetts, help you understand what to do after an arrest, and review your legal options and rights.
What Are Penalties For Being Convicted Of An OUI In Massachusetts?
In Massachusetts, having a Blood Alcohol Content of 0.08% or greater means that you are legally under the influence.
The consequences of being convicted or pleading guilty to an OUI in Massachusetts can be considerable. The suspension of your license is guaranteed, and continued offenses lead to a more severe penalty.
1st Offense : Loss of license for 45 days to one year and a court-assigned Alcohol Education Program is required for reinstatement. Fines and fees may total $1,500 or more.
2nd Offense : Loss of license for two years, must pass a learner’s permit and road exam to be reinstated, and an ignition interlock device will be installed in your vehicle. $600 to $10,00 in fines. Possible jail or probation time of 60 days to two and a half years.
3rd Offense : Felony conviction. Loss of license for eight years, must pass a learner’s permit and road exam to be reinstated, and an ignition interlock device will be installed in your vehicle. $1,000 to $15,000 in fines. 180 days to two and a half years possible prison time.
4th Offense & Beyond : Further offenses may result in life-long loss of your license, prison time of up to ten years, and significant fines and fees. A conviction of any severity can significantly impact your career, finances, job prospects, and well-being.
It’s important to understand that in spite of these severe consequences, the charges you are facing can be contested and that an arrest is not equivalent to your guilt.
What Should I Know About OUI Stops?
If you’ve been arrested on suspicion of an OUI, the important thing to understand is that OUI charges can be fought. Being arrested does not mean you are guilty.
To be successfully convicted of an OUI in Massachusetts, the State must be able to prove beyond a reasonable doubt that you operated a vehicle on a public motorway while under the influence of alcohol. Initial judgments about your situation are left to an arresting officer, and arresting officers can make mistakes, break protocol, or interpret a situation incorrectly.
For over 15 years, attorney Matthew Kelley has successfully defended clients charged with OUI offenses in Massachusetts. He’s represented his clients with unparalleled attention, tailored advice, and a focus on detail that has meant the difference between guilt and charges being justly overturned.
Call For A Free Consultation - (508) 952-6565
Assumptions can be made about your state when you are pulled over; and if an officer lacks reasonable grounds for an OUI arrest, your charges can be contested. For example, an officer may interpret your nervousness at being pulled over as a possible sign of intoxication. This is an unfair judgment which deserves to be fought.
An officer may also have arrested you on a private road as opposed to a public one. This, too, should be considered, as a valid OUI charge must involve your operating a motor vehicle on a public as opposed to private motorway.
So, what should you do or not do after an arrest for OUI in Massachusetts? What are the first steps to take?
What To Do After An OUI Arrest In Massachusetts?
Following an arrest for a suspected OUI, it’s important to contact an attorney. A seasoned, attentive OUI attorney can help you recount the events of the evening and legally request and examine all evidence related to your case.
Remember that while you are legally obligated to identify yourself to law enforcement, you have the right not to answer any further questions without an attorney present. A veteran, thorough OUI lawyer will also know what kinds of evidence can be used in your defense and which officer actions or questions could help your case and clear you of charges.
An arrest doesn’t have to mean a conviction, nor should your arrest be the final say in your case. If you’ve been arrested on OUI charges, allow West Harwich, Massachusetts, attorney Matthew Kelley to review your case, protect your rights, and ensure the entire story is told correctly.
Need Legal Representation After An OUI Arrest?
Have you been arrested under suspicion of Operating Under the Influence on Cape Cod or the Islands? You have legal options and rights which deserve to be respected.
Have questions? Need a diligent and caring review of your case? Allow attorney Matthew Kelley to answer your questions, collect and examine evidence, and help you defend your rights after an OUI arrest. Reach out to Matthew Kelley at (508) 952-6565 for a free initial consultation today.
For over 15 years, attorney Matthew Kelley has successfully defended clients charged with OUI offenses in Massachusetts. He’s represented his clients with unparalleled attention, tailored advice, and a focus on detail that has meant the difference between guilt and charges being justly overturned.
Call For A Free Consultation - (508) 952-6565
