What You Need To Know If Your Teen Is Charged With OUI In Massachusetts

In this article, you can learn about:

• What you should do immediately after your child is charged with an OUI.
• How a drunk driving charge will impact your teen’s license.
• The best defense against a teenage OUI charge in Massachusetts

What’s The First Step I Should Take If My Minor Child Is Charged With An OUI In Massachusetts?

The juvenile court operates differently than adult court. While the penalties for a conviction might appear less severe on paper, the long-term consequences of an underage OUI can be even more impactful, potentially affecting their entire future. Therefore, it is vital not to take this charge lightly.

It is essential to stay calm and contact an experienced attorney immediately. Engaging a defense lawyer as early as possible in the process can help minimize the damage and maximize the chances of a favorable outcome.

For How Long Will An OUI Conviction Stay On My Child’s Record?

Under Massachusetts law, a juvenile record will be sealed on an individual’s 18th birthday, but only the criminal record. The OUI charge will remain on their driving record with the Registry of Motor Vehicles, and it will be considered a prior offense.

This means that even though you and your child won’t have to disclose their OUI arrest once they reach adulthood, it can still significantly impact their driving record, especially if they are ever convicted of another OUI.

If your child is already over 18, a conviction will remain on their record until it is expunged. Universities may also consider this conviction, making it even more critical to address the charges seriously.

The exact impact of an OUI charge on your child’s driver’s license will depend on whether they submit to a breathalyzer or blood test.

If they take and fail a breathalyzer test, the suspension period is the same as for an adult: 30 days. If they refuse the test, they could lose their license for up to a year, even if they are later cleared of the OUI charge.

The actual penalty for a conviction can vary significantly based on several factors. For instance, if your child is a minor with no prior offenses, a first-offense drunk driving conviction will result in a 210-day license suspension.

This suspension period can change if there is a prior conviction or if the charge is reduced, making it more or less impactful on their driving privileges. This underscores the importance of securing the best possible representation with a skilled attorney to navigate these complexities and minimize the consequences.

Attorney Matthew Kelley is an OUI defense lawyer who served as a prosecutor in Massachusetts for over ten years. In the decades since, he has helped teenagers, juveniles, and students from across the state defend themselves against OUI charges to preserve their futures and freedoms.

If your child has been arrested for OUI in Massachusetts, it is time to contact Matthew P. Kelley, Attorney At Law, to schedule a consultation immediately.

Call For A Free Consultation - (508) 952-6565

Can I Obtain A Work Permit For My Child To Drive in Massachusetts Following An OUI Conviction?

Yes, the process for obtaining a work permit, or hardship license, following an OUI charge is the same for both adults and juveniles. If you are charged with drunk driving and resolve the case by accepting responsibility, you do have the opportunity to get a hardship license after a certain period of time. However, the process is challenging and involves several steps:

1. Resolve the case by accepting responsibility and admitting the facts.
2. Wait for the required amount of time specific to your circumstances.
3. Register for an alcohol management and drunk driving prevention class.
4. Obtain a letter from your employer guaranteeing employment and explaining the need for a license.
5. Schedule an appointment with the Registry of Motor Vehicles.

While it is possible to obtain a hardship license, the process is neither straightforward nor simple. It requires navigating multiple steps and adhering to specific conditions. Your lawyer can guide you through this complex process to help you and your child secure the necessary license if other defense strategies are not viable.

What Defenses Can Be Used For A Juvenile In An OUI Case?

In general, the ideal defense against an Operating Under the Influence (OUI) charge in Massachusetts is to argue that you were not under the influence of alcohol. However, there are various approaches to achieving this goal, depending on the specific facts of the case.

One common strategy is to argue that the prosecution lacks sufficient evidence to convict beyond a reasonable doubt. This can involve highlighting weaknesses in the officer’s reasoning, assumptions, and evidence-gathering procedures or presenting credible alternatives such as fatigue, distraction, or phone use.

Additionally, there are legal and technical defenses that a skilled attorney might employ, such as questioning whether your child was actually operating a vehicle on a public roadway. Other strategies might involve negotiating with the prosecution and emphasizing your child’s young age and promising future.

As you can see, all defenses are highly fact-specific. Determining the best defense for your child’s case requires a deep familiarity with Massachusetts law, as well as an understanding of prosecutor and police behavior. This is why, if your child has been arrested for an OUI, regardless of their age, it is crucial to contact a skilled defense attorney immediately.

For more information on What To Do If Your Teen Is Charged With An OUI In Massachusetts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 952-6565 today.