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.

I have significant experience OUI cases, with and without accidents. In every case, I strive to minimize the consequences my clients face in OUI cases. Sometimes that means a jury trial in pursuit of an acquittal. Other times that means resolving the case in a way that ensures the client can drive for work as soon as possible. No matter the circumstances, I always fight for the best possible outcome for my clients.

One significant example of my success in OUI cases is a case where I defended a man charged with motor vehicle homicide by OUI in Brockton Superior Court.   Needless to say, this was an extremely serious matter where the stakes were very high.  Nonetheless, I worked bit-by-bit to improve my client’s chances of success.  We won a motion to suppress (i.e. throw out) his statement to police after the accident, an important step toward victory.  I also hired a media company to review and enhance surveillance video that helped prove several important facts in the case.  At trial, I became the first lawyer in Massachusetts history to obtain judicial immunity for defense witnesses (View Article), a substantial development in criminal law for which I am very proud.  In the end, the jury found my client Not Guilty of the homicide.  

In a matter in Cambridge District Court, I presented a person accused of assault and battery after an alleged “road rage” incident.  With the Clerk-Magistrate’s consent, I negotiated a settlement with the other party leading to the immediate dismissal of the charges.  Again, my client retained a completely clean record.  

If you or a loved one has been charged with OUI, call me at 617-661-1529 for a free consultation.


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