In general, the law sets the following guidelines for sentencing: If you arent convicted, you wont go to jail. It takes a third or subsequent offense to automatically escalate the charge to a felony level. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. Police are also required to observe you for 15 minutes before administering a breath test. Signs of intoxication that might arouse suspicion could include: All of these actions are not only possible signs of intoxication but dangerous in their own right. Lets break down what penalties you should expect when facing a first DUI: Its possible, but rare, for first DUI penalties to include jail time. 2. Applicants are required to serve a portion of the suspension period prior to application. The revocation period will be increased by one year if the offender was transporting a passenger under the age of 14. You will face the following penalties: A CWOF is the minimum penalty allowed by law for a 1st offense OUI plea. Get in touch right away for an evaluation of your case. Typically, you have two options: a plea bargain pursuant to M.G.L. OUI and DUI laws in Massachusetts follow the same basic guidelines, no matter whether its your first DUI or your fifth. A CWOF is the minimum penalty allowed by law for a 1st offense OUI plea. The only benefit to a plea of guilty to a MA DUI is that there is a hardship license available, as long as you did not refuse to take the breath or blood test. If you also charged with the crime of negligent operation of a motor vehicle, you dont have to worry about that too much. Taking the Case to Trial, Assault and Battery with a Dangerous Weapon (ABDW), Drug Possession Class B Substance Cocaine, Drug Possession with Intent to Distribute, Hit and Run / Leaving the Scene of an Accident with Property Damage, Impersonating a Police Officer or Other Peace or Investigative Officer, Leaving the Scene of an Accident with Personal Injury, Minor in Possession of Alcohol or False Identification, Operating to Endanger / Negligent Operation (Reckless Driving), Sexual Assault / Rape Laws and Penalties, Solicitation Engaging in Sexual Conduct For a Fee. DUI Massachusetts first offense : Clear all your assumptions If youre ever charged with another OUI, it will be counted against you as a prior OUI conviction. Free Case Evaluation at (617) 941-3666. But even if youre arrested and charged with DUI, it doesnt mean youll be found guilty in a court of law. This article covers these important definitions and the penalties for an OUI (operating under the influence) conviction. This is also true of drivers under 18 (although the penalties for failing or refusing a breath test are different for underage drivers). This means that if you have a previous DUI in another stateeven from many years agoMassachusetts will consider your case to be a repeat offense, and sentence you accordingly if convicted. You might choose to politely decline to give incriminating details or submit to tests, knowing such refusals cant be held against you in a court of law. Attorney James MilliganBoard Certified OUI Defense, 269 Hanover StreetBuilding One,Hanover, MA 02339, Call Today: 888-684-6494Office: 781-878-1231. If the driver refuses the test or produces a BAC of .08% or more, the officer will seize the driver's license and submit a report to the Registrar of Motor Vehicles (RMV). rather than the full year period. But just because this is the internet, and every other lawyer lists these, I will tell you that the maximum penalties are: Dont worry, though, really. Additionally, the hardship license may restrict operation to only certain hours of the day or to certain locations. With offices in Quincy and Attleboro, Riccio Law represents people on first offense OUI/DUI charges all throughout Massachusetts. We've helped 115 clients find attorneys today. Failure to maintain your Massachusetts SR22 insurance filing will result in the RMV canceling your drivers license. We're here to tell you everything you need to know about Massachusetts DUI laws, the penalties, the dangers of DUI, and so much more. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 370 Main Street Suite 900 Worcester, MA 01608, License suspension reinstatement fee: $100. OUI Manslaughter can lead to significant jail time. In general, the law sets the following guidelines for sentencing: In practice, however, jail time for a first DUI offense in Massachusetts is relatively rare. The prosecution can prove a person is guilty of operating under the influence based on their blood alcohol level or pursuant to a theory of impairment. Provided that the probation and program are successfully hbspt.cta._relativeUrls=true;hbspt.cta.load(3986635, '3261711c-409a-476d-b999-a0cf07443d37', {"useNewLoader":"true","region":"na1"}); Are you in the market for a DUI attorney in Plymouth County? Be polite, but dont offer any more evidence to the state than youre legally required to give during the initial traffic stop. Between the flashing lights and panicked thoughts, a first DU/OUI offense is always a stressful experience. But I can tell you from many years of experience that OUI cases in Massachusetts are absolutely winnable. Your lawyer will help you get the lay of the land and explain the possible outcomes and courses of action in your case. An OUI (operating under the influence) conviction is considered a first offense in Massachusetts if the driver has no prior OUI convictions within the driver's lifetime. All rights reserved. 3. Theres no time to waste on constructing an effective defense. If the underage driver refuses the breath test, his or her license will be suspended for 180 days, followed by a three-year suspension under Massachusetts's implied consent laws. I Know I Am Guilty. If youve been arrested for a Massachusetts DUI first offense, reach out to a reputable law office immediately to have an attorney review the details of your case. Call Now for a Free Criminal Consultation. So please call me to get my recommendations on the best way to either beat your case or work to get you a deal for the absolute minimum penalties allowed by law. And, no matter what you call it, they all carry fairly harsh potential penalties. Although a conviction for first offense OUI is unlikely to result in any jail time, the consequences can be far reaching. First Offense Massachusetts DUI / DWI / OUI Penalties & Options Massachusetts DUI Laws 2023 Guide - Forbes Advisor Attorneys James G. DeGiacomo and The penalties imposed on DUI convictions can financially cost very high. You will get through this and I can help make sure you get the best results possible on your case. your license up to one-year. A conviction carries up to: If youre facing OUI Manslaughter charges, you must retain experienced legal counsel immediately to give you the best possible chance at fighting the case. Massachusetts general laws sets out these standard consequences for a first offense DUI conviction: Up to a maximum of 2.5 years in jail Fines of $500-$5,000 Up to a 1-year driver's license suspension A misdemeanor on your permanent criminal record DUI Massachusetts First Offense is categorized as OUI (Operating Under Influence) in Massachusetts. This means you wont have to be technically guilty of a crime,althoughthe finding stays on your record. At this hearing Attorneys James G. DeGiacomo and Sergey Mikhlinwould: The appeal at the Registry is perfunctory and is almost always denied. A CWOF is possible in most cases when there has been no accident and no additional criminal charges filed with the DUI. I wrote the book on winning your case at a Clerk Magistrate's hearing. In order to prove an OUI charge (sometimes called "DUI") in court, prosecutors generally must show the defendant was: However, these two elements require a bit more explanation. I highly recommend him as a defense attorney., I had gotten a second OUI and I strongly feel that he did a fantastic job representing me., Worked tirelessly to make sure I got the best possible outcome.. In any case, your options at this point are to try to fight the OUI charges, and beat the case, or work out a deal. Its urgent that you retain experienced legal counsel as soon as possible after the arrest. The availability of a hardship license, to get you back on the road within a week of your court date, is the key reason most people decide to work out a deal. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. For most people, getting arrested for 1st offense OUI/DUI is an incredibly intimidating and embarrassing process. Supplemental Terms, If there were additional circumstances such as a severe injury or death, the charge would be escalated to the felony level. Ask an attorney if you might qualify. The suspension periods for a test refusal will be in addition to any license penalties resulting from an OUI conviction. Expect to pay about $600 for the course. They might be unaware of their rights, trying to be cooperative, hoping to avoid the administrative license suspension, or confident that theyll pass the test. Read the information below from DMV.org to learn more about the consequences and elements of a first OUI offense in Massachusetts. You can be charged with OUI if your blood alcohol content is over .08%(if you took a breath test), or if your driving behavior and other indications show you to beimpaired. Youre innocent until proven guilty. Essentially, a CWOF is an admission to sufficient facts to warrant a finding of guilty, but without the actual imposition of a conviction. His attention to detail in my case was second to none. Its no easy feat to beat a drunk driving conviction. In some states, the information on this website may be considered a lawyer referral service. However, a significant number of OUI/DUI cases do not include a breath test or any other physical evidence. The strength of the evidence is generally the most important factor in determining whether to proceed to trial, but there are a number of considerations that may go into the decision. A failed breath test is not conclusive evidence of your guilt, and in the right circumstances, its validity can be successfully challenged in court. Fighting a case at trial certainly has advantages, especially if you have a very winnable case. 1st Offense. With the exception of Vermont (2 years), every other US state sets the standard maximum penalty at 1 year or less. I have been doing these cases for a long time, and I can help you get through this. However, refusing to cooperate will provide the officer with justification to arrest you for your first DUI offense. Obey the probation terms, and youll stay out of jail. Registry of Motor Vehicles (RMV) counts a CWOF as an OUI conviction for suspension purposes. Whatever happened that led to you being pulled over and eventually arrested, its a problem that you now have to deal with. If your previous DUI was more than 10 years ago, however, you may be eligible for a Cahill Disposition. There would still be legal penalties, including: First offenders can often avoid conviction by admitting that the court has sufficient facts to establish a verdict of guilty (without actually admitting guilt) and accepting these penalties along with a Continuance Without a Finding (commonly called a CWOF). Youll be arrested, but apologizing and confessing to additional details cannot help your case at this point. When youre charged with a DUI for the first time, you may not even know what type of lawyer you need to look for During the holiday season, theres a spike in the number of crimes committed and arrests made. You will not be eligible for a hardship license during this suspension Increased penalties for high BAC vary from state to state. Before the RMV will reinstate your drivers license you will be required to provided them with proof of an SR22 filing. License-related penalties can result from an OUI arrest and/or conviction. . DeGiacomo & Mikhlin, P.C. In each of these circumstances, you wouldnt be convicted and wouldnt face the standard potential penalties for a first DUI conviction (see below). The standard penalties for a first DUI conviction in Massachusetts include: Most first offenders arent sentenced under the standard penalties, however. Jail time would then match the typical DUI penalty (0 to 2.5 years). The costs of OUI can add up quickly. Having represented countlessfirst-time DUI cases in Massachusetts, I know what youre up against. There are many other effective avenues of defense against a Massachusetts DUI first offense, such as: All of these are potential angles for a defense to have a DUI/OUI dismissed in courtor at least to weaken the charges against you or build reasonable doubt that you were DUI in the first place. You would also be required to pay for, attend, and demonstrate completion of a 16-week alcohol education program for first offenders. Upon a conviction for a First Offense DUI, the Massachusetts Registry of Motor Vehicles will suspend your license up to one-year. The second is for driving under the influence of alcohol or drugs and displaying signs of impairment. Should you be found guilty or agree to sufficient facts as part of a CWOF, you could be subject to a second, additional license suspension of up to 1 year in length. 3. Immunity for Testimony: An Extension of the Fifth Amendment, The Massachusetts Criminal Arraignment Process. Terms of Use, The Fourth Amendment protects you from unlawful stops and seizures. Should I Just Plead Guilty in Court? the That means if you are arrested for OUI, you are deemed to have consented to a breathalyzer test. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Do Not Sell or Share My Personal Information. Its also possible for additional circumstances to escalate these penalties (and the charges associated with your case). However, the implied consent law in Massachusetts does impose administrative penalties for declining a chemical test of your blood alcohol content (BAC) percentage, most commonly through a breathalyzer test. In this case it is not necessary to show the signs typically associated with impaired driving in order to be arrested. With so much money at stake for even an initial conviction, it makes sense to consider hiring an attorney with solid experience trying OUI cases in the community where you will go before a judge. CWOFs allow the state to avoid costly trials in favor of positive rehabilitation and will enable you to avoid jail and a conviction on your criminal record. However, jail time is unlikely and a conviction usually results in one-year probation, a license suspension of up to one year, and the requirement to complete an alcohol education course referred to as the 24D Program. Facing a DUI? c. 90 24D or trial. It can be a challenge to understand the Massachusetts DUI / OUI laws and courtroom proceedings, and this is why it may be in your best interest to hire a qualified criminal defense lawyer experienced in first offense OUI cases. Were here to help. Consuming alcohol while under the legal drinking age is illegal, and breath tests may indicate that underage drivers have been drinking. Drivers who are under the age of 21 and are caught driving with a BAC of at least .02% can face driver's license penalties. If the traffic stop is found to be illegal, any evidence obtained through the stop will become inadmissible in court. what penalties you should expect when facing a first DUI, for first DUI penalties to include jail time, agree to sufficient facts as part of a CWOF, Up to a 1-year suspension of your drivers license, OUI conviction on your permanent criminal record (misdemeanor for a first DUI), Transportation costs while your license is suspended, 24D Alcohol Education Program enrollment fees. case or situation. When you call the DUI / OUI lawyers at Revelli & Luzzo in Worcester MA, your first consultation is always free. Are legal marijuana or legal prescription drugs okay to use before driving? Retain the services of a qualified, experienced DUI attorney in Massachusetts. 1st Time Alcohol Level Above Legal Limit: 30 day suspension Part of the preparations will consist of gathering all possible details around the incident that led to your arrest. Your chances of winning or having the case dismissed are influenced by the evidence the state has against you. Generally, the arresting officer will testify that the suspect smelled of alcohol and had bloodshot or glassy eyes and slurred speech. They all refer to being caught behind the wheel while intoxicated or under the influence of alcohol or drugs. A first or second OUI is a misdemeanor and a third OUI is a felony. Call me now for a free consultation, anytime. Remember that in Massachusetts, any moving violation or accident will end up costing you mandated surcharges on your auto insurance. This means challenging the evidence against you. The range of penalties for drivers convicted of OUI is set by statute and varies based primarily on how many prior OUI convictions the driver has within the driver's lifetime. 269 Hanover Street, Building OneHanover, MA 02339, Phone: (508) 930-4273Fax: (781) 878-6550. Each state has unique DUI laws and consequences. . However, these suspension periods can be altered by additional facts, such as when the driver is below the legal drinking age at the time of arrest for Massachusetts OUI. At trial, the officer testifies about their observations leading up to the arrest, including observations of the defendants driving and performance on the field sobriety tests, if administered. The penalties for a first offense DUI charge if convicted are as follows: Jail time: The maximum imprisonment term for a first offense conviction can be up to 2 1/2 years. Drive-Safely.net Home; Online Traffic Schools. Recent legal proceedings around the Draeger Alcotest 9510 (the device used by MA police) may also invalidate the test if you are one of the 27,000 people convicted of drunken driving between June 2011 and April 2019. If youre charged and convicted of a first DUI in Massachusetts, you risk consequences including: These maximum first DUI penalties are laid out in the Massachusetts OUI statute, but the court will have the discretion to adjust the penalties below the maximums as appropriate to the facts of the case. Contact hbspt.cta._relativeUrls=true;hbspt.cta.load(3986635, 'a21814dd-7642-4a9d-88f2-1187f0663b46', {"useNewLoader":"true","region":"na1"}); More serious DUI charges can raise the chance youll go to jail. Even if you dont opt to accept a plea deal, including a CWOF and alternative disposition, theres no real advantage to pleading guilty. What Happens When You are Arrested for a Massachusetts DUI? 16-week mandatory drug & alcohol education program. Even the first offense is treated with great severity, is a dui a criminal offense in Massachusetts? OUIs are no exception. Suspended or revoked drivers are generally eligible for limited driving privileges by obtaining a hardship license. The best approach at this time will be to remain respectful and honest but decline any further questions or field tests.

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