Massachusetts OUI Lawyer

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Massachusetts OUI Attorney

When you are charged with Operating Under the Influence (OUI) of Alcohol in Massachusetts, it can be a very overwhelming time in your life. However, it is important to start protecting your rights as soon as possible.

The lawyers at Ellison Law LLC have represented many people on charges of Operating Under the Influence of Alcohol and Operating Under the Influence of Drugs in Massachusetts. They are experienced Massachusetts criminal defense attorneys who have represented clients on OUI charges at jury trials, bench trials, motions to suppress, negotiations with prosecutors and license issues at the Registry of Motor Vehicles (RMV).

They have obtained not guilty verdicts for clients on OUI charges. They have successfully had client’s statements thrown out that were obtained in violation of their rights. They understand the importance of aggressively challenging charges of OUI.

If you are charged with an OUI (operating under the influence) in Massachusetts, it is important that you hire an experienced Massachusetts criminal defense lawyer. The crime of Operating Under the Influence is an extremely technical crime. What this means is that there are a lot of little things to look for when defending somebody for OUI.

For instance, an attorney should be looking at whether the stop of the motor vehicle was proper, should the person have been asked to exit the motor vehicle, how did the person perform on the Field Sobriety Tests, were the Field Sobriety Tests performed properly by the police, did the police read the person their proper rights, did they observe the person properly during the breath test, did they administer the breath test properly, and many other questions.

In addition, the penalties for OUI are all prescribed by statute and are mandated by law. It can be very difficult to handle these issues without an experienced OUI lawyer. Ellison Law LLC has represented many clients on OUI including at Motions to Suppress Evidence and at Bench Trials and Jury Trials.

What Does it Mean to Operate a Motor Vehicle in Massachusetts?

Many times operation can be obvious, like when the police see you driving your car and decide to initiate a traffic stop for a traffic violation. However, sometimes it isn’t obvious. What if you are just sitting in your car? In order to prove operation, the prosecution must show that the defendant intentionally manipulated some mechanical or electrical part of the vehicle — like the gear shift or the ignition — which, alone or in sequence, would set the vehicle in motion. Under the law, to “operate” a motor vehicle within the meaning of the law, it is not necessary that the engine be running.

An intoxicated defendant found asleep behind the wheel of a vehicle parked on a public way, with the key in the ignition and the engine on, may be found to have “operated” the vehicle; the Commonwealth need not prove that the vehicle was driven before being parked nor prove the defendant’s intention after occupying the driver’s seat. Commonwealth v. Sudderth, 37 Mass. App. Ct. 317, 319-320, 640 N.E.2d 481, 482-483 (1994).

What is a Public Way in Massachusetts?

Although it may not always be an issue in a trial, it can come up. Usually people operating a motor vehicle are on a public way, but in some circumstances they may not be. Any street or highway that is open to the public and is controlled and maintained by some level of government is a “public way.” Interstate and state highways along with municipal streets and roads are considered a “public way.” Massachusetts General Laws c. 90, § 1 defines a public way as the following: “any public highway, [or a] private way [that is] laid out under authority of [a] statute, [or a] way dedicated to public use, or [a] way [that is] under [the] control of park commissioners or [a] body having [similar] powers.”

What is Under the Influence of Alcohol in Massachusetts?

Usually, the most popular thing that is challenged in an Operating Under the Influence of Alcohol trial is “impairment.” It is not illegal to drink and drive. It is illegal to drive and be under the influence of alcohol.

What does it mean to be under the influence of alcohol? A person is under the influence of alcohol if they have consumed enough alcohol to reduce their ability to operate a motor vehicle safely, by decreasing their alertness, judgment and ability to respond promptly.

It means that a person has consumed enough alcohol to reduce their mental clarity, self-control and reflexes, and thereby left them with a reduced ability to drive safely.

The prosecution is not required to prove that the defendant actually operated in an erratic manner, but the prosecution is required to prove that a person’s ability to drive safely was diminished by alcohol.

A person does not have to be drunk to be considered under the influence of alcohol. The prosecution is required to prove that the defendant’s ability to drive safely was diminished by alcohol.

What is the Strategy to Challenge an OUI?

When you hire Ellison Law LLC to represent you on an Operating Under the Influence charge, they will immediately start gathering all police reports, witness statements and potential video evidence. In addition, they will scrutinize any potential breathalyzer results. They will evaluate the results of your “field sobriety tests” and analyze whether they were administered correctly. They have successfully obtained not guilty verdicts in the past for clients by using the “field sobriety tests” to show their client’s sobriety at trial through cross examination of the administering police officer.

Read more here about the court process for an OUI in Massachusetts.

What are the Elements of Operating Under the Influence in Massachusetts?

The prosecution has to prove the following three things:

1) that the defendant operated a motor vehicle;

2) that the defendant did so on a public way; and

3) that the defendant was under the influence of intoxicating liquor.

What are the Penalties for OUI in Massachusetts?

OUI – First Offense – Penalties

  • Up to 2 and a half year in the House of Correction
  • 1 year License Suspension
  • Fine between $500 and $5,000
  • Mandatory Fees
  • Potential criminal conviction

OUI – First Offense – Alternative Disposition Penalties

  • Up to 2 and a half year in the House of Correction
  • 45-90 days of a License Suspension
  • 210 day license loss for people under 21
  • 24D classes
  • Mandatory Fees
  • Potential criminal conviction

OUI – Second Offense – Penalties

  • Not less than 60 days and up to 2 and a half years in the House of Correction
  • Fines between $600 and $10,000
  • 2 year License Suspension
  • 2 years of Ignition interlock installed in your car after the license suspension
  • Mandatory Fees
  • Potential Criminal Conviction

OUI – Second Offense – Alternative Disposition Penalties

  • 14 day inpatient alcohol treatment program
  • 2 year License Suspension
  • 2 years of Ignition interlock installed in your car after the license suspension
  • Mandatory Fees
  • Potential Criminal Conviction

OUI – Third Offense – Penalties

  • Not less than 180 days and up to 2 and a half years in the House of Correction or up to 5 years in State Prison
  • 8 year License Suspension
  • Fine between $1,000 and $15,000
  • Mandatory Fees
  • Potential Felony Conviction

OUI – Fourth Offense – Penalties

  • Not less than 2 years and up to 2 and a half years in the House of Correction or up to 5 years in State Prison
  • 10 year License Suspension
  • Fine between $1,500 and $25,000
  • Mandatory Fees
  • Potential Felony Conviction

OUI – Fifth and Subsequent Offense – Penalties

  • Mandatory 2 and a half years in the House of Correction or up to 5 years in State Prison
  • Lifetime License Revocation
  • Fine between $2,000 and $50,000
  • Mandatory Fees
  • Potential Felony Conviction

Please keep in mind Massachusetts has a lifetime look back when it comes to prior convictions.

It is important to seek aggressive representation to preserve your criminal record and driver’s license when charged with an OUI. In Massachusetts, Operating Under the Influence of Alcohol carries a mandatory driver’s license suspension.

Don’t go to court alone. Ellison Law LLC has aggressive and experienced criminal defense lawyers who have handled many Operating Under the Influence of Alcohol and Operating Under the Influence of Drugs cases in Massachusetts. Contact Ellison Law LLC online or at 401-230-5520.

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