Criminal Defense: Drunk Driving / DUI (Driving Under the Influence) / DWI (Driving While Intoxicated) - Criminal Defense in Western Mass

The Commonwealth of Massachusetts takes drunk driving or drinking while driving very seriously. Severe penalties are levied to multiple offenders. If you have been pulled over and arrested for Operating Under the Influence (OUI)  that is a grave matter and you definitely need a good criminal defense attorney in your corner. 

OUI  law is highly complex.  There is a confusing array of penalties for first time and subsequent offenses for operating a motor vehicle under the influence of alcohol. Numerous factors come into play when defending a drunk driving charge. Such factors can include: whether an accident was involved and whether there was any injury to whomever was involved. 

You can be picked up and placed under arrest for a OUI while operating any type of vehicle: cars, motorcycles, and trucks. You can even be arrested for OUI for driving drunk in a boat. You might have attracted an officer’s attention by driving erratically, caught at a roadblock or a sobriety checkpoint. You might also have had an open alcohol container in the vehicle, which is a separate type of infraction.

With an OUI arrest there are administrative penalties and legal consequences.  These include actions the Massachusetts Registry of Motor Vehicles (RMV) will take against you and criminal penalties such as fines, community service, and prison time. At the RMV hearing with the Massachusetts Executive Office of Transportation, the defendant bears the burden of proving their innocence. OUI laws are state-specific, and Massachusetts OUI laws are stringent. Like other states, Massachusetts has a “zero-tolerance” policy, imposing severe penalties to those under the drinking minimum age of 21 who are caught driving under the influence. The legal alcohol limit for minors is a blood alcohol level at or above 0.02%.

Massachusetts’ “per se” law dictates that a blood or breath alcohol level (BAL – or BAC, for blood alcohol content) over 0.08% is proof of intoxication and grounds for arrest. But even without the breathalyzer tests, any patrolman can positively determine that you are unable to safely operate a motor vehicle based on your behavior or performance on the sobriety exam even if you pass the breath test.

Melanie's Law imposes especially serious penalties and license suspensions on repeat OUI offenders. An OUI conviction remains on your record for life.

Refusal to take a breath test and/or a field sobriety test at the scene cannot be used in court as evidence of guilt, so it might be a wise course not to take them – but such a refusal automatically results in a mandatory 180-day suspension of your driver's license in a first offense case.  A second-offense refusal results in a three year suspension.  If you fail the breath test, your license will be suspended for 30 days. In either case, the arresting officer will confiscate your license on the spot. If you fail a breath test (Draeger Alcotest) at the police station, however, that fact WILL be used in court.

The Offices of Attorney Dan Sandell and Donald Stolgitis are experienced criminal defense lawyers who focus their practice on OUI defense, Criminal Defense, and personal injury matters. We proudly serve Amherst, Northampton, Hadley, South Hadley, Holyoke, Chicopee, Westfield, Springfield, the five-College area and all of the surrounding areas in the Pioneer Valley and Western Worcester County.

Regardless of how much research you do into OUI law, it is vital to retain a criminal defense lawyer to represent you if you want to get the best deal possible given your circumstances. The web is a wondrous source of information, but a skilled attorney’s training and experience are irreplaceable. Vigorous representation by an experienced drunk driving lawyer dramatically increases your chances of avoiding a conviction, or of obtaining a favorable deal with the district attorney’s office. Juries acquit OUI defendants in about half the cases, so the situation need not be seen as hopeless. Furthermore, the earliest possible intervention improves your odds of preserving helpful evidence, obtaining fresh witness testimony, and preparing for the DA's case against you. This is not a decision to postpone or delay. You should consult with a qualified attorney as soon as possible. Your lawyer will take you through the entire process, from arraignment to pre-trial conference, through motions, hearings, trial (if necessary), and sentencing (if there’s a guilty verdict). We can even assist you with probation, parole, and supervised release programs if you require it.

Please feel free to contact us for a free, no obligation consultation regarding your personal injury case, or contact us dansandell@yahoo.com

My Blog: wmassouidefense.com

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