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OUI Lawyer Massachusetts Operating Under the Influence of Alcohol

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. Attorney David Ellison has represented many people on charges of Operating Under the Influence of Alcohol. He is an experienced Massachusetts criminal defense attorney who has represented clients for OUI charges at jury trials, bench trials, motions to suppress, negotiations with prosecutors and license issues at the Registry of Motor Vehicles (RMV). 

David has obtained not guilty verdicts for clients on OUI charges. He has also successfully had client's statements thrown out that were obtained in violation of their rights. He understands the importance of aggressively challenging charges of OUI. 

What is the Strategy to Challenge an OUI? 

When you hire David to represent you on an Operating Under the Influence charge, he will immediately start gathering all police reports, witness statements and potential video evidence. In addition, he will scrutinize any potential breathalyzer results. He will evaluate the results of your “field sobriety tests” and analyze whether they were administered correctly. He has successfully obtained not guilty verdicts in the past for clients by using the “field sobriety tests” to show his 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?

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.

Read more here on the Elements of an OUI in Massachusetts 

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. David Ellison is an aggressive and experienced criminal defense lawyer who has handled many Operating Under the Influence of Alcohol cases in Massachusetts. Contact David today at 401-230-5520.

Advocating For You

When you hire Attorney David Ellison, not only are you getting a skilled, experienced, and aggressive lawyer in your corner, but you're getting a lawyer who understands the importance of empathy, honesty, and trustworthiness. Attorney Ellison is a lawyer who loves to advocate for you.

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