If you have recently been arrested and charged with Operating Under the Influence (OUI) in Massachusetts, you may be wondering whether you really need a lawyer to represent you. After all, you may have a friend, relative, or acquaintance who has dealt with an OUI and came out of it seemingly unscathed. The reality is that any OUI is a serious matter, and if you have been arrested for drunk driving, you should contact a lawyer immediately.
What Does it Mean to be “Under the Influence” of Alcohol?
It is not illegal to drive after consuming alcohol as long as the operator is not under the influence of alcohol. A person is under the influence of alcohol if he/she has consumed enough alcohol to reduce his/her ability to operate a motor vehicle safely, by decreasing his/her alertness, judgment, and ability to respond promptly. It means that a person has consumed enough alcohol to reduce his/her mental clarity, self-control and reflexes, and thereby left him/her with a reduced ability to drive safely. The amount of alcohol necessary to do this may vary from person to person. But all persons who blow a .08% blood alcohol content (BAC) or above have per se violated the statute.
You are Facing Serious Consequences
Title XIV, Chapter 90, Section 24 of the Commonwealth’s General Laws criminalizes the act of driving under the influence or with a (BAC) of .08% or greater. If you are convicted, the sentence ranges from probation to up to 2.5 years in jail. The conviction will also result in a license loss by the RMV. In addition, an OUI conviction on your record can make it difficult to rent an apartment, get a job, or even pursue your education.
What an Attorney Can Do for You
Fortunately, mere allegations of drunk driving are not the same as a conviction. An experienced attorney can review your case and determine whether there are any defenses available to you. For example, if the police violated your constitutional rights during your traffic stop, it may be possible to exclude any evidence or get your case dismissed. Likewise, if there were any errors during any field sobriety or breathalyzer testing that the police performed, it may be possible to prevent those results from being used in your case.
Call Us Today to Speak with a Massachusetts OUI Defense Attorney
If you have been arrested for Operating Under the Influence in Massachusetts, you should contact an attorney immediately. At McCormack Law, P.C., we will review your case for free and advise you as to your legal options. Call us today at 508-252-8394 or contact us online to schedule your free evaluation.
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Is OUI a serious offense?
Yes. An OUI conviction can result in jail time, fines, and significant collateral consequences.
Are there defenses available?
In many instances, there are legal defenses available in OUI cases.
Can I get the same outcome without an attorney?
While nothing is certain, an attorney can ensure that your case is resolved as favorably as possible.