Fall River DUI Lawyer

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DUI Attorney in Fall River

Facing an intoxicated driving charge in Fall River can be frightening, especially when the consequences of a conviction have a lasting impact on your life. If you have recently been charged with drunk driving, a skilled Fall River DUI Lawyer from Ellison Law LLC can assess your case and advocate for your future. Don’t wait to retain legal counsel and start protecting your rights as soon as you’re facing charges.

Choose Ellison Law LLC

At Ellison Law LLC, our experienced lawyers have dedicated their careers to representing the rights of residents throughout Rhode Island and Massachusetts. Founding attorney David Ellison worked as a Massachusetts Public Defender before opening the firm, giving our team a unique advantage when representing our clients in local courts. Our team prioritizes integrity, compassion, and honesty in our work with clients. You can trust us to fight for your future.

Overview of DUI Cases in Massachusetts

DUIs remain a serious public safety concern throughout the United States. In 2023, 12,429 people died in alcohol-related traffic accidents nationwide. That same year in Massachusetts, there were 116 fatalities in alcohol-impaired crashes, accounting for 34% of all motor vehicle deaths. An OUI crash can occur anywhere in town, whether you’re driving along I-195, Eastern Avenue, or the Fall River Expressway.

Understanding an OUI Charge in Massachusetts

Massachusetts state law does not use the term DUI, instead classifying incidents as Operating Under the Influence (OUI). These cases are defined as operating a motorized vehicle with a blood alcohol content (BAC) of at least 0.08%, or while under the influence of a substance. This language difference means you may be charged with an OUI even if you are not driving.

The penalties for an OUI in Massachusetts depend on your previous convictions and aggravating factors involved in the case. Typical punishments may include license suspension, fines, installation of an interlocking ignition device, enrollment in an alcohol treatment program, and jail time. A Fall River DUI lawyer from Ellison Law LLC can evaluate your case and fight to get your charges reduced or even dismissed, working to protect your future.

OUI Defense Strategies in Fall River

The strongest defense for an OUI changes based on the circumstances of each case. Our defense lawyers can evaluate your unique situation and work to build a defense that fights for your rights. A few common approaches utilized in OUI cases include:

  • No Probable Cause: Some cases are dismissed due to the lack of any lawful reason for the initial traffic stop.
  • Biased Field Sobriety Test: Field sobriety tests, such as walking in a straight line and balancing tests, can be subjective and delivered using confusing language. If a law enforcement officer seemed to be biased or purposely confused you, you may be able to fight your charges.
  • Chemical Test Errors: A breathalyzer may have given a false positive due to improper calibration or a mishandling of equipment.
  • Medical Condition: A charged driver may have a preexisting medical condition that mirrors impairment but does not affect their ability to operate a motor vehicle.
  • Driving on a Private Road: Massachusetts state law specifies that an OUI only occurs on public roads. Charges may be dropped if there is proof that the street had no public access.

How a Fall River DUI Lawyer Can Help

The potential life-altering consequences of an OUI make it crucial that you hire a DUI lawyer who can advocate for your future. Your Fall River DUI attorney can help you with each stage of your case, from the initial arrest to your final court hearing. The team at Ellison Law LLC can assist you by:

  • Reviewing your charges and building a defense strategy tailored to your needs.
  • Representing you in hearings, negotiations, and trials
  • Fighting for reduced or dismissed charges
  • Negotiating on your behalf, fighting to ensure a fair verdict is reached
  • Protecting your rights
  • Keeping you updated with all court and legal communications

FAQs

Do You Need a Lawyer for an OUI in Massachusetts?

Massachusetts state law does not legally require you to hire a lawyer when charged with an OUI, but doing so can provide many benefits to your defense. Experienced legal counsel can review the case against you, highlight points of contention, and fight for you at each point of your case. If a conviction seems likely, they can negotiate with the courts to find a deal that mitigates the charge’s impact on your life.

How Much Does a Massachusetts DUI Lawyer Cost?

How much your Massachusetts DUI Lawyer costs depends on the type of charge you face, if any aggravating factors were involved, the complexity of your case, and the work hours it requires. A first-time offense with no injuries and an early plea deal typically costs less than representation for a third-time offense involving serious injuries, which requires a trial. In your initial consultation, your attorney can provide an estimate for your legal expenses.

How Long Does an OUI Stay on Your Record in Massachusetts?

How long an OUI stays on your record in Massachusetts is a pressing concern for many accused of intoxicated driving. If convicted, an OUI will remain on your record permanently unless you have it sealed. Massachusetts is one of the few states where there is a lifetime statute of limitations for additional OUI offenses. If your charge is dismissed or dropped, you may be eligible for expungement.

How Likely Is a Jail Sentence for an OUI in Massachusetts?

The odds for a jail or prison sentence for an OUI in Massachusetts are based on your criminal and driving background, as well as the details of your case. A first-time OUI conviction with no injured parties is unlikely to result in imprisonment. A third-time OUI offense is a felony and is likely to result in time served. Your attorney can analyze your case and explain your chances of jail time.

Hire a DUI Lawyer in Fall River Today

Contact Ellison Law LLC today to schedule your initial consultation. In this meeting, we can learn your story, discuss legal strategies, and explore potential pathways to protect your future in your OUI case. You may also visit our Fall River office, located on South Main Street across the street from Fall River District Court and a block southwest of City Hall.

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