In Massachusetts, driving under the influence is called operating under the influence (OUI), and even a first offense can trigger severe penalties. Getting an OUI conviction comes along with many adverse consequences, including high fines, possible loss of freedom and a permanent criminal record. If convicted it can cost hundreds of dollars in fines and fees and insurances surcharges. You can lose your right to operate a motor vehicle for a very long time and in some instances you can face the very real possibility of going to jail. If a child is in the car, if its a second or third offense, if the BAC is exceptionally high the penalties faced by the accused increase.
The District Attorneys offices do not negotiate these charges. To be successful they must be tried and you need to have a seasoned attorney on your side. The maximum penalty can be up two and a half years.
Administrative and Criminal Penalties: Attorney Joshua Werner
Along with administrative penalties, a first time OUI carries the possibility of jail. While there are no mandatory minimum period of incarceration it remains a case specific possibility depending on the facts of the case. Repeat, or subsequent offenders, do however face the very real likelihood of incarceration and there are mandatory minimums for these offenses. Attorney Joshua Werner will let you know about all of your options if you are a first time offender or a charged as a repeat offender.
How Attorney Joshua Werner Can Help
First-time OUIs in Massachusetts are case-specific. Attorney Joshua Werner can let you know all about your legal rights and options. He is also experienced in negotiating a very fair result if it is required. Generally, a first offender ( if convicted) will face one-year probation, license suspension from 45 to 90 days and enrolling in a mandated drug and alcohol education program. if the driver refuses the breath test they will their right to operate for an additional period of time as well. Fines range widely but traditionally are approximately $2000.00.
While having an OUI charge dismissed is difficult, it is possible. Defenses include the lack of probable cause for being pulled over by the police, a faulty breathalyzer, and physical or medical disability that made it appear as though you were under the influence. If you have a strong defense, Attorney Werner will pursue it.
Keep in mind that a criminal record of an OUI can impede job prospects, your ability to drive a car, and your insurance rates. Additionally if there is an allegation of a prior offense it will affect your possible consequences if charged a second or third time. The judge looks at any prior criminal convictions and your driving record when considering what to do with the new case. If appropriate, Attorney Joshua Werner can review your case and let you know your chances of getting any prior conviction reopened and possibly overturned in order to lessen the impact of a new charge, and he can assist you in the process.
If you are charged with an OUI, turn to the Law Office of Joshua Werner for the best outcome. He’s there to fight for your rights.