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Massachusetts Drunk Driving Law:
Check back soon (or call our office) for updates regarding Melanie's Law
What is drunk driving?
Driving while intoxicated (also called DUI, DWI, or OUI) means: 1) driving a motor vehicle; 2) on a public way or a way to which the public has access; 3) while under the influence of alcohol. In most cases it is clear that a person was driving and was on a public way. Trials are usually about whether the person is “under the influence” of alcohol.
What does “under the influence” mean?
People often complain to us after an OUI arrest that they were not “drunk” when arrested. The law does not require that you be “drunk” to be guilty of OUI. Under current law, you are assumed to be intoxicated if your blood alcohol reading is .08% or above. This is called the "per se" rule.
Here is an example of what the jury is usually told about the meaning of “driving under the influence” during an OUI trial where there is no breath test (actual instructions vary):
“A person does not have to be drunk or unconscious to be "under the influence." Someone is "under the influence" whenever he has consumed enough alcohol to reduce his ability to operate a motor vehicle safely… The Commonwealth does not have to prove the defendant actually drove in an unsafe or erratic manner, but it does have to prove that alcohol diminished the defendant’s ability to drive safely.”
The important thing to remember is that the Commonwealth must prove each of these things “beyond a reasonable doubt.” That means that the jury must unanimously agree they are certain you are guilty. There are many reasons for erratic driving, and the Commonwealth often has a hard time convincing a jury to convict.
How does a breath test affect my case?
If your breath test shows an alcohol content of .08 or above, the judge or jury must infer that you were intoxicated. For drivers under 21, an alcohol content of .06 or above must be demonstrated. The prosecutor must be able to prove that the test you took was valid. Such tests are subject to attack for may reasons.
Does my case change if I have been found guilty of OUI in the past?
The jury will most likely never hear about a prior OUI during your trial. However, if you are found guilty, a second “mini-trial” will be held to determine whether you have had a prior OUI conviction. If you have had a prior conviction (by plea, trial or any other method) at any time during your life, you are considered a second offender. However, in certain cases, the Court will ignore a conviction that is more than 10 years old, and you can be eligible for a first offender disposition.
Why hire Attorney Gindes to defend your OUI charge?
Resolving an OUI charge can be emotional and difficult on anybody. You have to make several difficult decisions along the way. Dan has successfully guided many people through this process. Attorney Gindes will meet with you and find out what is most important to you. Some people just “want it over,” others want a trial by jury no matter what. Most people turn to Dan for advice about what they should do. Each case is different, and the outcome of your case will depend on what happened. Whether your case is resolved by pretrial motion, plea, or trial, you can count on Dan to strive to get the very best resolution possible for you. Call our office toll free at (877) 639-5100, or email Dan today for a free consultation.
OUI Penalties:
Check back soon (or call our office) for updates regarding Melanie's Law
This is a brief summary of the legal penalties that can result if you have been convicted of driving while intoxicated in Massachusetts. A “conviction” can take many forms, but the legal ramifications are similar.
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The Court can find you guilty after trial or plea;
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You can plead guilty by admitting that there are sufficient facts reflected in the record for a finding of guilt by a jury;
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The Court can “continue your case without a finding” after plea or admission to sufficient facts. While not a technical conviction, the consequences are similar.
FIRST OFFENDERS:
Maximum FIRST OFFENSE penalties:
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Incarceration: 2 1/2 years or less;
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Fine: $500-$5000;
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Assessments: $125 head injury fee, $50 OUI fee, $65 victim witness fee;
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Probation Fees: The court may require you to pay probation fees of up to $65 / month for the full term of your probation.
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License suspension: One year, work or school hardship license may be available after 6 months.
Usual FIRST OFFENSE penalties:
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Probation with mandatory participation in an alcohol-drug education program that you must pay for;
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License suspension for 45 to 90 days (210 days for drivers under age 21). A hardship license is available upon registering with the court mandated alcohol education program;
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Fees and costs indicated above.
This resolution may be available to those with a second offense more than 10 years ago.
SECOND OFFENDERS:
MAXIMUM SECOND OFFENSE PENALTIES:
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Incarceration: Not less than 60 days (30 day mandatory), not more than 2 1/2 years;
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Fine: $600-$10,000;
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Assessments: Same a first offenders;
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Probation Fees: Same as first offenders;
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License suspension: Two years, work/education hardship license may be available after 6 months.
usual SECOND OFFENSE penalties:
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Two years probation;
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14 day at an inpatient treatment program that you pay for;
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Fees and costs from $600-$10,000;
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License suspension for two years, work/education hardship license is available upon registering with the court mandated alcohol education program.
THIRD OFFENDERS:
MAXIMUM THIRD OFFENSE PENALTIES:
Note: this is a felony.
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Incarceration for at least 180 days (150 days mandatory), and not more than 5 years in State Prison;
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Treatment while confined;
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Fine $1,000-$15,000;
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Assessments: Same a first offenders;
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Probation Fees: Same as first offenders;
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License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years.
Call Dan for fourth and subsequent conviction information.
OTHER CONSEQUENCES OF A CONVICTION OR PLEA:
Among the other issues you may face after your case and suspension is over are:
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License reinstatement fees: first offense: $500; second offense: $700; third offense: $1,200;
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If you have more than 3 major motor vehicle offenses (any criminal motor vehicle violation) in a 5-year period your license will be suspended for 4 years;
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If a person pleads guilty to any OUI offense, the guilty plea in conjunction with that persons’ past driving history may trigger an additional 4-year license loss;
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If you are charged with Operating to Endanger along with OUI, an additional 4-year suspension may apply;
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Insurance cost will increase, or your policy may be canceled;
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You may have difficulty renting cars, and getting certain jobs; and
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You may lose profession credentials or certifications
If you have any questions about Drunk Driving, please call our office TOLL FREE at (877) 639-5100, or email Dan today for a free consultation.
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