Being arrested for an OUI (Operating Under the Influence) has a serious impact on your life, and that is without even being convicted. In order to manage your case, the stress and inconvenience that it causes you, and work towards the best possible outcome for your situation, you need to work with an OUI attorney who is experienced with Boston OUI cases. By working with the OUI Attorneys, you will be able to connect with the right lawyer for your situation who has a history of success defending OUI cases in Boston, and who will be ready to take your case as soon as you are ready.
We offer a free initial consultation so that you can get a better idea of how your attorney will help you, get specific answers and advice regarding your situation, and more. This is a great opportunity to have a professional provide some context to your arrest and give you an idea of what you can expect through a trial.
Read more below about Boston OUI arrests, charges, convictions, and penalties, and contact us as soon as possible to start working on your case now.
Penalties For OUI In Boston
Getting arrested in Massachusetts for OUI can cause major problems and inconveniences for you. In addition to the inconveniences of the charges and possible themselves, you will need to get into the Suffolk District Court for each trial date that you have, meaning you may be dealing with the MBTA, traffic, and finding parking. While these are unintended consequences of your case, the following are the basic penalties for OUI convictions:
First OUI in Boston
Up to 30 months in jail, between $500 and $5,000 in fines, and a one-year license suspension for a conviction. There may be options to reach a plea deal that ends in a Continued Without a Finding in exchange for completing an Alcohol Education Program, probation, and other stipulations.
You may be able to apply for a hardship license after you have completed three months of your suspension and will be required to install an Ignition Interlock Device during this time.
Second OUI in Boston
A second OUI conviction comes with penalties of between 30 days and 30 months in jail, up to $10,000 in fines, a two-year license suspension, and another two years with an Ignition Interlock Device installed in your vehicle.
You may be able to apply for a hardship license after serving one year of your suspension and will need to install an IID. However, the time using an IID with a hardship license does not count towards the two years you must use it once having your license restored.
Third OUI in Boston
A third OUI conviction is a felony and comes with 150 days to five years in jail, fines of between $1,000 and $15,000, a license suspension of eight years, and a two-year period following your license reinstatement that you will need to use an IID.
You may apply for a hardship license after serving two years of the suspension.
Fourth OUI in Boston
A fourth OUI conviction comes with between one and five years in jail, fines between $1,500 and $25,000, and a 10-year license suspension, as well as an IID for two years after getting your license back.
You may apply for a hardship license after you have completed five years of your license suspension.
Fifth OUI in Boston
A fifth OUI conviction comes with the potential of between two and five years in jail, fines reaching $50,000, and a permanent drivers license suspension. You will not be given the ability to apply for a hardship license at any point following this conviction.
Whichever OUI you have been arrested for and charged with, you will want to work with an aggressive attorney as soon as possible. The outcome of your case will impact all future possible cases, which means that it is essential that you reach an agreeable end to your current case to avoid all future issues.
Refusing a Breathalyzer Test in Boston
When you are pulled over for suspicion of OUI, you can be certain that the officer will ask you to submit to a breathalyzer test, in addition to likely performing a variety of field sobriety tests. While they can not legally compel you to take the test, you are obligated under the Massachusetts Implied Consent Law. If you refuse, your license will be automatically suspended, and you have three prior OUI convictions, it will be automatically suspended for life.
You may be able to appeal your suspension, but you will need to make the appeal in person at the Haymarket Registry of Motor Vehicles within 15 days of your arrest. If your appeal is denied, you may be able to appeal the decision at the Suffolk District Court, but this appeal will only involve the court reviewing all existing evidence and evaluating the decision—you will not be able to introduce any additional information.
Suspension appeals after refusing a breathalyzer are granted on rare occasions, but you should speak with your attorney immediately to determine if this is a valid choice for you or not.
Field Sobriety Tests in Boston OUI Stops
If you are stopped under suspicion of an OUI in Boston, it is likely that the officer will ask you to perform a battery of field sobriety tests as a way to determine your control over both your mental and physical faculties. However, these tests are extremely subjective, and there is no true “pass/fail” beyond the officer’s own judgment. There is no ability to control for variables such as the test-takers stress levels, roadside conditions, distractions, weather conditions, and even the individual’s possible handicaps. As such, we will aggressively fight these results and have them blocked as evidence from your case.
Unlike a breathalyzer test, you are under no legal obligation to submit to field sobriety tests, and your refusal cannot be used as evidence against you in court. Failing a field sobriety test can be used in court to indicate a probable cause for the arrest, but again, can not be used as evidence of guilt.
Operating Under the Influence of Drugs In Boston
In addition to operating a motor vehicle under the influence of alcohol, you may also be charged and arrested for operating a motor vehicle under the influence of drugs, regardless of whether they are legal or prescribed. Like alcohol, the issue of operating a motor vehicle while impaired by other intoxicants is that your reflexes, perception, reaction times, and your physical and mental faculties are diminished, putting all other drivers at risk.
Although a breathalyzer test will not indicate whether or not you are under the influence of other drugs, there are a variety of ways that the Boston Police Department employ, but they are much more difficult to verify than alcohol intoxication. You will likely be asked to undergo a series of field sobriety tests that show your balance and coordination, as well as things like the horizontal gaze nystagmus test. Additionally, you may be interviewed and examined by a Drug Recognition Expert. Regardless, proving your intoxication can be difficult, and we will make certain to fight to ensure that you truly are innocent until proven guilty beyond a reasonable doubt.
In some cases, you may be arrested for possession of a controlled substance along with suspected OUI – Drugs, which will mean that you will be facing additional charges and possible penalties if found guilty of both. When working with an experienced attorney through The OUI Attorneys, you will be able to navigate this complex situation in a way that will move you towards the best possible outcome given the circumstances of your arrest and the severity of your charges.
Frequently Asked Questions
How Long Will My Case Take?
There is no simple answer to this question, as your case will be specific to your arrest and the circumstances surrounding it, as well as how aggressively we choose to pursue your defense. In some cases, we may opt to negotiate a plea deal with the prosecution in order to expedite the case while accepting the minimum legal penalty for the crime you plead guilty to.
When Will I Be Able To Drive Again?
Depending on your history of OUI convictions, whether or not you submitted to a breathalyzer, and a variety of other factors, we may be able to appeal to the RMV to have your drivers license reinstated for the duration of your trial, at which point the verdict will determine whether or not you will face a suspension, and if so, for how long.
Should I Use a Public Defender If I Am Eligible?
While a public defender is your right, and certainly a useful option if you are not in the financial position to hire a private attorney, it is important that you understand the serious limitations to the amount of work they will be able to do for you. Boston public defenders have an enormous caseload, and rarely have time to spend with their individual clients in order to tailor a strong, specific defense.
When you are working with a private attorney, you can be confident that they are dedicated to reaching a positive outcome to your case for the entire time you keep them as your counsel. While a private OUI attorney may cost more money up front, there are many different ways that a favorable ruling can decrease the financial and social impacts that an OUI conviction can have on your life for many years to come.
Contact Us Today
The time to act is now so that you and your attorney can begin working on your defense as soon as possible. Our free consultation is a no-obligation opportunity to learn about how we can help and how we can begin so that you can start this process with confidence that you have made the right selection of an attorney. We are confident that each attorney in our network is highly rated, respected, and ready to come to your assistance as soon as possible.
