In Massachusetts, an OUI is defined as operating a motor vehicle on a public road or in any place to which the public has the right of access while under the influence of alcohol at a level of .08 percent blood alcohol content (BAC) or higher or under the influence of drugs, stimulants, depressants, or glue vapors.
Do I Have To Give A Breath Or A Blood Sample During An OUI Arrest In Massachusetts?
No. But, Massachusetts is a presumptive consent state which means if you don’t, there are consequences. You will lose your license for at least 6 months if it’s your first offense or longer for subsequent offenses.
After Being Released From Police Custody What Are The Most Important First Steps To Take?
Hiring an experienced lawyer is your number one priority. It is important to secure a layer because you have a short window to take a blood test that could demonstrate you were not under the influence of drugs or alcohol.
Remember, if you find yourself being released from police custody after an OUI, consult a lawyer immediately.
What Are The Penalties For An OUI Conviction In Massachusetts?
If this is your first OUI conviction, it will result in a loss of your driver’s license for between 45-90 days and an enrolment in the 24-day Alcohol Education Program. You may be able to get your license back, especially for transportation to school or work.
A second offense will result in a two-week period in an alcohol education facility. And if you get a third offense, you could receive jail time up to six years.
What Is The 24 D Program?
The Massachusetts 24D program replaces incarceration and punishment with treatment and alcohol education, to prevent future OUI arrests.
DUI first offenders must take an approved and certified driver alcohol education program. The program consists of an intake interview, 32 hours of group therapy over a 16-week period, an introduction to self-help groups such as AA, and a powerful victim impact session with speakers from MADD. At the end of the program, you participate in an exit interview where participants receive recommendations for any necessary aftercare and support.
If I Plan On Pleading Guilty To OUI Charges In Massachusetts, Do I Really Need A Criminal Defense Attorney?
If this is your first offense, and there are no complicating factors, and you certainly want to plead guilty, you can plead guilty on your own and you will be fine. Often the case is very difficult for a non-attorney to make that assessment on whether or not you should plead guilty. But if you are certain that you are going to plead guilty and you have no questions about whether or not the breathalyzer or other things are admissible against you then you can go in and plead guilty, which will result in a continuous finding and the 24D program.
However, most OUIs do go to trial. Our experience in OUIs in trial often leads to a win for our clients. Almost every OUI case is worth taking to trial. If you lose, you get the same outcome if you plead guilty initially. But if there is not an admissible breath test or other factors, there is a greater chance of a more favorable outcome.
For more information on OUI Charges In The State Of Massachusetts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 570-3037 today.