Worcester OUI Defense Lawyers
Do Not Plead Guilty. Call (508) 425-6330 for the Legal Help You Need.
Massachusetts law refers to drunk driving as OUI but it is more commonly referred to as DUI. If you have been arrested for operating under the influence (OUI), you have a decision to make. Should you plead guilty or should you fight the charges? People often mistakenly assume that pleading guilty is the quickest, easiest way to make the problem go away. However, in Massachusetts, an OUI/DUI conviction will remain on your record forever.
Murphy & Rudolf, LLP can help you with any of the following:
Before you plead guilty, speak with a Worcester OUI lawyer. We can be reached at (508) 425-6330
What Is an OUI?
You have the right to contest OUI charges. Although field sobriety tests are still employed extensively, the court system has to consider scientific evidence from breathalyzers or blood tests in order to determine the severity of a charge. This means that a person may pass a field sobriety test but still be convicted for being above the legal limit based on blood alcohol level.
In the state of Massachusetts, a blood alcohol content (BAC) of 0.08% is generally considered grounds for arrest. However, the percentages can be more stringent depending upon the vehicle being driven and the age of the driver. Commercial vehicle operators are considered intoxicated if they are 0.04% or higher, and drivers under the age of 21 cannot have even a can be arrested for as low as 0.02% BAC. The offense of drunk driving in Worcester County is not as straightforward as might be assumed, and it is important that all drivers have the necessary knowledge to avoid arrested or being taken in or endangering others.
At the simplest level, drunk driving for private citizens in Massachusetts becomes a legal offense when three factors are present. These include:
- The operation of a motor vehicle, such as motorcycles, scooters, tractors, ATVs, and even ride-on lawn mowers.
- The vehicle is being driven on a public roadway. Private lands such as driveways and backyards would not be applicable to the commission of an offense, but public parking lots, dirt roads designated for public access, and commercially owned access roads are considered public.
- The driver’s BAC is 0.08% or higher or the driver exhibits impairment. This factor can come under varying scrutiny depending upon the above mentioned considerations for BAC, but in Massachusetts, the 0.08% mark is generally used as the legal definition of intoxication.
License Suspension & OUI Penalties
If you have been charged with a first OUI offense in the Worcester County or Hampden County areas, we may be able to get your license back for you within a week by applying for a hardship license. Our Worcester OUI attorneys will gather the necessary documents and represent you at the Registry of Motor Vehicles (RMV) hearing.
The penalties for conviction of a first OUI offense may include:
- Fines from $500 to $5,000
- Up to two and a half years in prison
- License suspension up to one year
The penalties for multiple OUI convictions are much harsher. People with multiple OUI charges usually have to go to trial. Under Melanie’s Law, the state imposes stiffer penalties for refusing a Breathalyzer test and operating under the influence. Anyone charged with multiple OUI offenses will be required to have an ignition interlock device installed on his or her vehicle.
Charged With OUI? Speak With Murphy & Rudolf, LLP Today.
Even if you have already pleaded guilty, it is still possible to go to trial and win. You may also be successful at trial even if you failed the Breathalyzer test. Putting an experienced Worcester OUI attorney on your side is the key.