Read more below about the charges of OUI in Massachusetts, and how they differ from the charges of DUI or DWI in other states. It is important to understand the technical differences between each of these laws in order to ensure that you are aware of the different ways that you could find yourself in violation. While the charges are generally interchangeable and synonymous in casual conversation, you will find the specifics to be more nuanced than you may initially expect.

Contact us as soon as possible if you have been charged with OUI in Massachusetts, so that we can begin to identify all of the different factors that led to your arrest, and how we can build a strong defense to work towards the best possible outcome given your situation. Our experience with the Massachusetts court system will be a great asset for you, and you can move forward with the confidence that you have made a good choice in OUI attorneys to maximize your chances of a good outcome.

What Is an OUI?

Under G.L. c. 90, § 24, a person is breaking the law if their ability to safely operate a motor vehicle is impaired by the consumption of alcohol. This means that they have exceeded the legal limit of 0.08% BAC (Blood Alcohol Concentration) as an adult operating a passenger vehicle, 0.04% as a CDL driver operating a commercial vehicle, or 0.02% as a minor.

The term “operation” casts a slightly wider net than the term “driving,” because it refers to many different types of operation that may not necessarily require that the vehicle is engaged and moving down a public road under the control of the intoxicated driver. Operating may simply mean that the driver had the keys in the ignition.

However, while in a DUI state the person may not be arrested if they are on the side of a road, sleeping, with the keys in the ignition and a person in the same situation may be arrested in Massachusetts, it is not always as simple as removing the keys from the ignition. Circumstantial evidence that indicates the person was previously operating the motor vehicle, either by eyewitness accounts, personal admission, or being found in the driver’s seat of a car after an accident even if the key is out of the ignition and the vehicle is not running.

Defending Against OUI in Massachusetts

As you can see by the few nuances mentioned above that distinguish between an OUI and a DUI, you can imagine that there are many different ways that your arrest and case must be examined in order to determine that your rights were upheld and that the proper procedure was taken through the entire process.

This means that you were pulled over for an appropriate reason, that the field sobriety tests you submitted to were legitimate and the officer’s findings were appropriate, and more. In some cases, we may find that the proper procedure was disregarded in one or multiple steps of the arrest, meaning that you were arrested on faulty grounds, to begin with. In other cases, it may be without question that you were operating a motor vehicle under the influence of alcohol or other drugs, and that you were stopped for a legitimate reason, but that somewhere else in the process the officer on the scene violated the proper procedure and your rights were not upheld.

No matter what the overall process of your traffic stop, field sobriety test, breath test, and ultimate arrest was, we will work through every step to find weak spots in the case and use them to our advantage. It is our goal to manage the best possible outcome for your case while ensuring that the state adheres to the Constitution and respects your rights as a private citizen.

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In order to begin building your defense after being arrested for OUI, contact us immediately to schedule an initial consultation and to have your case evaluated by an experienced legal professional. The sooner we begin working with you, the sooner we will be able to start working towards a positive outcome for your case.

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However, it is important to realize that a conviction is very different than an arrest, and simply being arrested for OUI in Massachusetts will not play as significant of a role in your employability, especially considering that employers and potential employers are not able to base their hiring factors on arrests on a criminal record—only convictions.

With this in mind, consider how important it is to work with an experienced, successful OUI defense attorney in Massachusetts so that you can maximize the chances of minimizing your conviction and therefore minimizing the long-term impacts that this arrest will have on your life. In some cases, it may seem appealing to plead guilty to a misdemeanor OUI in order to avoid additional charges, or you may think that since it is a misdemeanor it “isn’t a big deal,” but it is imperative that you consider all options, explore all avenues, and work with a legal professional before deciding which direction you will pursue.

How An OUI Can Get You Fired

There is no cut-and-dry answer to the question of whether or not you will be fired for being convicted of OUI in Massachusetts. In some cases, you may have a specific agreement with your employer that certain off-duty behaviors can lead to you being terminated from the company. In the United States, there are many protected statuses that a person cannot be terminated for, including their race and religion. However, their criminal record is not protected, and an employer (in many cases) has no legal obligation to retain the employee.

Obviously, if your job requires that you operate a motor vehicle you will be unable to do so while your license is suspended. This means that for a truck driver, bus driver, delivery driver, or someone else who relies on a motor vehicle to perform their duties, an OUI conviction will be absolutely devastating for their career.

Additionally, there are many other impacts that an OUI can have. For example, after being convicted of an OUI you will be ineligible for a License to Carry a Firearm or a Firearm Identification Card. If your line of business requires that you carry a firearm, and you are now unable to do so because of your criminal record, then this will obviously impact your ability to keep your job.

An Arrest Is Not a Conviction

Keep in mind that being arrested for OUI is very different than being convicted of OUI, and when you are working with the team at OUI Attorneys, you can be confident that we are working to keep you from being convicted if possible. Employers are unable to fire you or decide not to hire you because of an arrest on your record, but they can decide to let you go or choose another candidate based on a conviction.

During an interview process, employers can not ask you if you have ever been arrested. But, like their rights to fire you over a conviction, they are legally able to ask if you have ever been convicted of a crime. If you have not had your record sealed or expunged, you cannot legally avoid answering this question honestly. Even if you decide to lie about it during the interview, this information is generally available to the public, and will certainly come back on your background check, otherwise known as a CORI.

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One of the most important things that you can do in order to protect your current and future ability to be hired and stay employed is to begin working with an experienced legal team to build a strong defense and work towards a positive outcome. In some cases, we will work towards having your case CWOF (Continued Without a Finding), meaning that you will be required to agree to possible probation, fines, and other penalties, but if you are able to complete all of your agreed penalties then the charges will be dismissed. This means that, if you are able to truthfully answer that you have never been convicted of a crime, which will be a significant help for future job and educational applications.

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Regardless of whether you have been charged with a misdemeanor or a felony, it is essential that you work with an experienced, aggressive OUI attorney in Massachusetts to ensure that these charges do not impact your life any worse than they already have. A misdemeanor, while in itself a “lesser” charge, can lead to future issues that you may not even consider as you are focusing on working through your immediate charges, which is understandable, but a great reason why we will be able to give you the support that you deserve.

Read more below about the different factors that go into determining whether your charges will be either a misdemeanor or a felony, and contact us now to get working on your defense regardless of the degree of charges.

What Is the Difference Between Misdemeanor and Felony?

There are many subtle differences between misdemeanor and felony charges, but the most important and obvious are that misdemeanors often come with less-harsh punishments than a felony. In Massachusetts, a misdemeanor may result in under (or around) one year in a local or county jail. Commonly, a misdemeanor trial will not have a jury present, and the case may take less time than a felony.

A felony comes with longer incarceration, and the sentences may take place in a federal or state prison. In addition, the fines associated with a guilty finding are larger, and there may be a jury present during the case. Often, a felony case may take longer than a misdemeanor case because of the increased penalties.

Misdemeanor Operating Under the Influence in Massachusetts

If you are arrested for either your first or second OUI in Massachusetts, the base charge will be a misdemeanor. However, there are many other things that could upgrade or enhance your charges. On their own, the first two OUI charges are filed as misdemeanors, but Massachusetts is very strict on OUI laws and has many different ways that the charges can be turned into a felony depending on your own situation, criminal history, details of your arrest, and more.

For instance, if you are arrested for OUI and there is a minor under the age of 15 in the vehicle, you will be additionally charged with child endangerment, which is also a misdemeanor, but there are many other things that could happen during the arrest or lead to the arrest that also change the outcome. If you are on probation or parole, are driving without a license or with a suspended license, are found to be in possession of an illegal firearm or scheduled drugs, or more, the final charges may include felonies.

If you are being arrested for your first or second OUI charge, and there are no additional factors that could alter the charges, then you will be charged with a misdemeanor OUI and will be facing penalties, possible jail time, and license suspensions. The penalties associated with each charge increases beyond the first arrest.

Felony Operating Under the Influence in Massachusetts

If you are arrested for a third, fourth, or fifth OUI in Massachusetts, you will automatically be charged with a felony. Along with the felony designation for these arrests, you will be facing mandatory minimum sentences, increased fines, longer license suspensions, and the possibility of greater impacts on any future possible criminal cases because of your history of felony charges.

After your fifth OUI in Massachusetts, you will be unable to ever have your license reinstated, and will have no opportunity to apply for a hardship license in order to help you get to and from work or to special medical treatments that you may require.

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Being charged with a felony offense in Massachusetts means that there will likely be a lot more work that needs to go into building and maintaining your defense. This means that it is essential that you partner with the right attorney for the job. Take the first step by contacting us today and learning more about how we will help you navigate your case based on our history of successes and experience in the Massachusetts court system.

Whether you are charged with a misdemeanor or a felony OUI, it is essential that you build as strong a defense as possible. As you can see above, while a misdemeanor may have fewer consequences than a felony, each misdemeanor you are found guilty of will cause future issues and may ultimately lead to felony charges.

The post What is an OUI Charge in Massachusetts: a Misdemeanor of Felony? appeared first on OUI Attorneys.

Read more below about some problems with OUI investigations in Massachusetts, and contact us now to schedule an initial consultation where we will be able to discuss your arrest in greater detail. You may not realize through the stress of your arrest and the fear of what is to come that there is a major issue in your arrest, and that we will be able to build a strong defense around this issue that will result in favorable outcomes for your trial.

Roadside Sobriety Tests Are Very Subjective

The biggest issue with a field sobriety test is that it is completely subjective, and there are no “pass/fail” criteria beyond the judgment of the officer at the scene. Since there is no way to completely control for the many different variables present during these exams, it is important that we present the findings as what they are: a judgment call that the officer made with limited information available.

For instance, a field sobriety test takes place on the side of a road, and the person who is taking the test is likely experiencing high levels of anxiety and stress because of the interaction they are having with the police officer. This stress can cause serious impacts on their performance, and can ultimately create a situation where they look like they have less control over their physical and mental faculties than they actually do.

Additionally, the results of a field sobriety test do not take into account any other distractions, or the conditions that the test was being taken in. This can include things like rain or other adverse weather, the distraction of many cars traveling by, and even the flashing lights from the police cruiser.

Finally, one of the most important things that we will need to explore while determining the validity of your field sobriety test is your physical condition. Many people have medical conditions that can impact their ability to manage their balance or coordination, but these issues are still entirely up to the officer to interpret and factor into the performance of the test.

If there are any red flags that we find related to your field sobriety test, we will fight to have the entire test removed from the evidence so that it will not negatively impact your trial.

Breath Tests Are Not Always Accurate

The breathalyzer is ubiquitous with sobriety checks, and for good reason — they are one of the default tools that an officer will use in order to confirm their suspicions that an individual is under the influence of alcohol. However, the breathalyzer can be wildly inaccurate depending on a variety of conditions that may or may not be present during your traffic stop, meaning that the results can not be used during your trial. These results are only intended to give an officer probable cause for your arrest.

During a case, a judge or jury can be swayed by a factor such as a high BAC or other information, regardless of how accurate this information is, and regardless of how much more information is present to paint the entire picture. However, refusing to take a breath test will result in an automatic suspension of your license, an agreement that you made with the Registry of Motor Vehicles when you signed your driver’s license.

There is no “best practice” that we can suggest for either taking or refusing a breath test during a roadside stop, but we will fight to minimize the impact of either decision that you make. If you have refused to take a breath test, then we will act quickly to file for a suspension appeal and have your license reinstated through the duration of your case. If you took and failed a breath test, then we will make sure that it is inadmissible in your trial so that we can focus on more accurate, tangible evidence.

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While there are a few simple problems that are fairly common in OUI arrests in Massachusetts, it is our job as your defense team to explore every detail of your traffic stop and arrest and identify every possible problem with the case. With each problem we identify, there is a better chance that we will be able to make the argument that your arrest was unfair or violated your Constitutional rights, and will get us towards a more favorable outcome.

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There are a variety of different factors that we will focus on throughout your OUI case in the Massachusetts court system, each of which will seek to ensure that your rights were upheld through every step of the situation leading to your arrest and charges. As you will learn throughout your case, due process is an extremely important cornerstone of the American judicial system, and this importance may impact the outcome of a trial even in the case where the defendant unequivocally committed the crime in question, but it is found that their rights were not upheld with consideration to due process or their constitutional rights.

As your OUI attorney, we will explore each variable that went into your traffic stop, and ensure that you will only be convicted if each of these variables is found to be legitimate, lawful, and prove that a crime was committed beyond a reasonable doubt. As your defense team, it is our job to bring each possible doubt, misstep, or incorrect procedure into question.

Read more below about some of the things we will focus on during your trial, and contact us as soon as possible to begin working on your case today. Because there are many time-sensitive issues that you will want to address, the sooner you hire an OUI attorney the better. For example, you have 10 days to contest an automatic license suspension in the event that you refused a breathalyzer test.

Exploring the Details Of Your Traffic Stop

One of the first things that we will investigate is the nature of your traffic stop. Massachusetts chooses to use the charge of Operating Under the Influence as opposed to either Driving While Intoxicated or Driving Under the Influence, and although the charges are essentially the same, there are some subtle differences between the actions “operating” and “driving.”

For instance, a person may be charged with OUI even if they were not actually driving the vehicle, but instead were found on the side of the road with the key in the ignition. However, if the key is not in the ignition then the person in the vehicle can make an argument that they are not operating the vehicle.

In addition, we will want to be sure that you were pulled over for legitimate reasons. Were you driving erratically, ignoring traffic signs, or swerving? If you were not violating any traffic laws or giving any indication to the arresting officer that you should be pulled over, then we will want to explore this question before going any further.

Were You Actually Operating a Vehicle?

This may seem like a strange question to ask considering the nature of the charges, but if we are able to ascertain that you were not, in fact, operating a vehicle at the time of your arrest, then the charges are invalid. It is absolutely essential that we ensure that the charges match the crime, and if they do not, then we will fight to have them thrown out.

Determining Your BAC

Massachusetts has a legal BAC (blood alcohol content) limit of 0.08% for people over the age of 21 who are operating passenger vehicles; 0.04% for CDL drivers operating commercial vehicles, and 0.02% for drivers under the age of 21. These concentrations are determined with a few different tests, including a breathalyzer, blood, or urine test. However, these tests are not guaranteed to be accurate, and a breath test is inadmissible as evidence in a trial.

Refusing a breath test is also not allowed as evidence in your trial, but as mentioned above, will result in an automatic license suspension by the Registry of Motor Vehicles. There is no “right” option when it comes to either taking or refusing a breath test, and will come down to what you determine is more important.

Regardless, we will explore the methods that were used to determine your BAC, and ensure that the machines were used properly, calibrated, and that there were no other factors that could have skewed the results. Machines are not perfect, and so there is no reason that the outcome should rely solely on a device that does not operate with 100% accuracy.

Ensuring That The Officer Followed Protocol

Another thing that we will go through is determining whether or not the officers on the scene followed all of the required protocol to ensure that your rights were upheld throughout the entire interaction. If we find that this was not the case, we will bring this to the attention of the court as an indication that the entire arrest was flawed, and that a guilty finding would be impossible given the fact that you were not treated properly throughout the process. There are many different things that we will go through to ensure that this was the case, and each case will vary depending on the details of the arrest and the surround factors.

Contact us today to begin working on your own case, and we will begin to explore every detail that may be used in your case against the charges and for your own success. It is important to us that each of our clients enjoy the rights granted to them through the U.S. Constitution, and it is our goal to defend these rights every step of the way.

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