Operating Under the Influence (OUI/DUI/DWI) and Driving Offenses
An arrest for OUI — operating under the influence of alcohol or drugs — is treated with increasing seriousness in Massachusetts courts. Media reports of tragic accidents resulting in injury or death have made a significant impact on how prosecutors, judges, and jurors tend to view OUI cases. Even without an accident, OUI cases require an experienced criminal defense lawyer who knows the law and can argue their client’s cases persuasively in court.
There are many reasons why a person charged with OUI should take the charge very seriously. For starters, you risk losing your driver’s license, sometimes for a very long time. We often take for granted how much we rely on our license to drive, and it is crucial for anyone charged with OUI to do all they can to minimize the risk of suspension.
If you are charged with OUI, you may face mandatory alcohol and drug education programs. You could also face incarceration, generally in the house of correction but sometimes in the state prison. Subsequent charges of OUI only increase the risk of incarceration. You may also face problems with your employment as a result of your arrest.
OUI cases can raise significant legal issues requiring strong courtroom advocacy, including issues surrounding breathalyzer tests, field sobriety tests, and accident reconstruction experts. Sometimes, your lawyer should file a motion to suppress evidence, such as physical evidence seized from your car or your alleged statements to the police officer, that could dramatically improve your chances of success.
Oftentimes, an OUI charge is accompanied by additional charges such as negligent operation of a motor vehicle, leaving the scene of an accident, or a civil marked lanes violation, all of which have their own issues and potential consequences. Your lawyer needs to know how to defend you in every aspect of your OUI case.