March 19, 2020
Frequently, clients want to plead guilty to an OUI and move on. They may think it was an unfair stop but are not feeling passionate about the fight ahead and would rather put it behind them. We generally advise against this – at least until we’ve had a chance to review and evaluate all the evidence. Learn more about what happens if you are stopped for an OUI.
OUI has lasting consequences in your life. A few years ago, the law was changed from a 10 year lookback to a lifetime lookback. This means that an OUI never disappears from your record. For example, you could have had a couple of OUIs in your twenties but now you are in your sixties and have spent decades being safe, smart and careful. If you get stopped for an OUI now, you are looking at your third OUI offense, which comes with felony charges and, if found guilty, mandatory jail time of 150 days.
Whatever your circumstances, we always recommend politely refusing the field sobriety test as well as the breathalyzer test. Refusal is not admissible in court. In Massachusetts, the police do not offer a blood test and will not take you to a facility to have one, but it is your right to do so and if you indicate that you want a blood test, they must book you quickly so that they do not impede your ability to get one. Read more about our recommendations here.
We urge you not to drink and drive. Have a plan before you go out if you know you will be drinking. Have an emergency plan if you find yourself at a celebration at the last minute. If you do decide to drink and drive have our number in your contacts. Contant Law call or text us (617) 227-8383.