Providing Clients With Aggressive Legal Representation to Fight OUI Charges
If you have been arrested and accused of a first-time OUI, you are mostly feeling anxious as you worry about losing your license and freedom. An OUI conviction can result in severe criminal penalties and damage personal and professional reputation.
OUI, DUI, and DWI are terms that are often used synonymously when describing drivers who operate motor vehicles under the influence of drugs or alcohol. Massachusetts has strict laws that punish drivers who operate vehicles while impaired, which can result in jail time if found guilty.
Our law firm recognizes that police and prosecutors do not always get it right and are dedicated to helping clients charged with OUI offenses.
Time is of the essence in OUI cases, so the sooner you come to us with your legal matters, the sooner we can start on your defense strategy. If you have been arrested for a first-time OUI, contact Contant Law P.C. immediately to schedule a free case evaluation so we may determine your legal options.
Is a First-Time OUI a Felony in Massachusetts?
Generally, a first-time OUI is not a felony in Massachusetts and is instead charged as a misdemeanor. However, first-time OUI charges can be upgraded to a felony if specific aggravating factors are involved. Aggravating factors include property damage, serious injury, or death or having a child in the car under age 14. Massachusetts’s legal limit for blood alcohol content (BAC) is .08% for all drivers. Whether you are facing a misdemeanor or felony, you must have skilled legal representation to help you successfully fight an OUI. Prosecutors take a dim view of drunk driving and driving under the influence of drugs and often look to make an example of defendants by pushing for severe penalties.
Allow our Woburn first-time OUI lawyer to protect your rights and freedom. Contact our law firm today to learn more about our legal services and how we can assist you.
What Type of Criminal Penalties Can I Face for a First-Time OUI Conviction?
Individuals found guilty of a first-time OUI face severe penalties that can affect their lives. A conviction can result in two and a half years of jail time, a fine of $500 to $5,000, or probation.
For a first-time OUI conviction, your driver’s license will be suspended for one year, but after six months, you may apply for a work or education hardship license. The court may order that you participate in mandatory substance abuse education classes if you also tested positive for drugs. For your first offense, you may be eligible for the alternative treatment program, which would have significantly shorter license suspensions and may allow you to obtain a hardship license immediately upon entering the treatment program.
Charges for an aggravated or felony first-time OUI are substantially higher, including up to a minimum of 90 days in jail, a $1,000 to $5,000 fine, and probation. Examples of aggravating factors would be having a child under 14 in the car at the time of your OUI arrest or causing serious bodily injury or death.
Why Do I Need to Hire a Criminal Defense Lawyer to Represent Me for a First-Time OUI Charge?
If you have been arrested for a first-time OUI, the first step is to hire a criminal defense lawyer to protect your interests. A lawyer understands the legal complexities of OUI charges and can offer you the best protection against a conviction.
When you hire a criminal defense attorney, they will analyze the evidence the state has against you, including police reports and breathalyzer and field sobriety tests. Your attorney can also review police dash and body cam footage to determine if the officer had probable cause to stop you, as well as whether the investigation was conducted properly. In many cases, procedural errors allow your attorney to argue that evidence should be suppressed, significantly weakening the state’s case.
One of the most significant advantages of hiring a defense attorney is that they will negotiate with the prosecutor to try to help you avoid jail time and instead be sentenced to serve probation or perform community service.
The case must go to trial if your legal matters cannot be resolved through negotiations between your defense lawyer and the prosecutor. Your lawyer will build a compelling defense case to present to the judge or jury.
Why Should I Trust Your Law Firm to Defend Me Against an OUI Charge?
Contant Law P.C. is a Boston area law firm passionately committed to helping individuals facing criminal charges. If we agree to take your case, we will act as your legal advocate and give you the confidence to deal with the Massachusetts criminal justice system. When the time comes, we will represent you in district court and explain the legal process step-by-step so you know what to expect.
Our attorneys recognize that clients can make mistakes that have a negative, lasting impact on their lives. They are highly motivated to win cases so those who come to us for help can put the past behind them.
Our criminal defense attorneys have extensive experience handling OUI cases and analyzing evidence. For example, we can often exclude field sobriety test results as the tests are subjective and based on the officer’s judgment. In other instances, medical issues or prescription medications can skew test results. We will also work hard to try and help you protect your driving privileges while your case is still waiting to be resolved.
If you have been arrested and charged with a first-time OUI, contact Contant Law P.C. at our Woburn law offices by calling (617) 221-8221 and ask to schedule a free, no-obligation consultation to discuss your case.