Boston OUI Attorney and DUI in Massachusetts

20+ Years of Experience—Start Your OUI/DUI Defense Today

Contrary to popular belief, you don’t have to be drunk to receive an OUI in Massachusetts. According to a state law passed in July 2004, you can be charged with Operating Under the Influence if your blood-alcohol content (BAC) reads 0.08% or higher on a breathalyzer test.

Not all people feel the effects of alcohol when they reach this blood-alcohol level.

Regardless of your level of impairment, if you are caught driving with an illegal BAC, you may face:

• Jail time
• Large fines
• License restrictions
• And more

If you are facing OUI charges in the Boston area, reach out to Jack Diamond Law Offices today. Attorney Jack Diamond spent four years of his legal career as a prosecutor and totals over two decades of courtroom experience, using his inside knowledge of "the other side" to aggressively defend his clients.

What to Expect After an OUI Arrest

If you’ve been arrested for drunk driving, you should contact a lawyer as soon as possible. A confident Boston OUI attorney may be the difference between a severe penalty and a simple acquittal. Jack Diamond Law Offices can stick by you throughout the entire legal process.

The OUI legal process will include:

• The arraignment: This is when the court will read your charges and you will enter a plea. If the District Attorney’s office requests bail, then you will need to attend a bail hearing shortly after.
• The pre-trial conference: At this appointment, the defendant and his or her lawyer sit down with the prosecution to discuss the case. Sometimes, cases are resolved at the pre-trial conference. However, if you are not happy with the offers made at this meeting, you have the right to a trial in court.
• The motion hearing: Not all cases have motion hearings. However, if you believe that the evidence in your case was obtained illegally, your Boston OUI lawyer can request a motion to suppress it. In some cases, the motion hearing may result in a full case dismissal.
• The trial: If your case goes to trial, an attorney will advocate for you in court by telling your side of the story and presenting the evidence in your favor. The prosecution will also present their findings. Some trials go to one judge, while others go to a jury of six people. The decision for a trial by judge or trial by jury is not typically made until the court date.
• The sentencing: If you are found guilty of OUI, the judge will determine your sentence based on recommendations given by the prosecution and by your defending attorney. This process normally takes place immediately after the trial.

Every case is different, which is why you need a lawyer who has extensive experience in criminal law. Check out our five-star testimonials to see what sets Jack Diamond Law Offices apart from the rest.

WHAT IS MASSACHUSETTS IMPLIED CONSENT LAW?

Under Massachusetts law, all drivers are required to submit to a blood or breath test if lawfully arrested for operating under the influence. If you refuse testing, you can face license suspension for the following periods depending on your prior criminal record:

• No prior OUI convictions – 180-day license suspension
• One prior OUI conviction – 3-year license suspension
• Two prior OUI convictions – 5-year license suspension
• Three or more prior OUI convictions – Lifetime license suspension
• Prior OUI involved serious bodily injury – 10-year license suspension
• Prior OUI involved a fatality – Lifetime suspension

If your driver’s license is suspended due to refusing testing, it will run back to back with any other OUI-related suspension.

Is OUI a Felony or Misdemeanor in Massachusetts?

First and second-offense OUI is a misdemeanor in Massachusetts. Any subsequent offenses, or any offenses that result in death or serious bodily injury, are considered felonies.

Just because first and second-offense OUIs are misdemeanors does not mean that they are not serious criminal charges. Misdemeanor OUI could result in license suspensions that can seriously disrupt your ability to commute to work, pick up your kids at school, or complete essential errands. If found guilty, the OUI will also appear on your criminal record, which carries additional collateral consequences of its own.

If you’re dealing with a charge of felony OUI, particularly if someone has been hurt or killed, legal representation is absolutely imperative, as the punishments you will face are even more severe. In addition to hefty fines and a permanent suspension of your driving privileges, repeat OUI offenders will also face incarceration.

Probation for OUI Conviction

If you have received a OUI conviction for the first or second time, you will generally be eligible for probation. Probation generally will last for one year and you may be required to complete the following:

• Alcohol education course
• 30 days of community service
• Driver’s license suspension of 45 to 90 days or 210 if you are under the age of 21

If your prior OUI conviction happened within the last ten years, the probation generally will last for two years and you may need to complete the following requirements:

• 14 days of inpatient treatment and outpatient treatment afterwards
• Driver’s license revocation for two years

If your driver’s license is revoked, you may be eligible for a “hardship license” after completing inpatient treatment. A hardship license will give you limited driving privileges.

Got A OUI in MA? Let Jack Diamond Law Offices Fight For You

Yes, a OUI is intimidating, embarrassing, and inconvenient. However, it is not the end of the world.

With a reputable and experienced Boston OUI lawyer on your side, you may be able to beat your charges and resume your life. We only handle criminal and OUI cases in MA. This specific focus allows us to hone our skills for your benefit.