Operating under the influence (OUI), also called driving while intoxicated or drunk driving, is against the law in Massachusetts. If you have been arrested for an alleged OUI offense in Woburn, act quickly to defend your rights by hiring a criminal defense attorney. You can schedule an appointment to speak to our lead OUI defense attorney in Woburn at no cost to you or obligation to hire our law firm. Call (617) 513-9444 today to request your meeting. Attorney Spring will visit you at home to discuss your possible defenses to your OUI case.
Attorney Chris Spring is:
- A motivated, smart, and tough criminal defense attorney in Woburn.
- An experienced attorney who has represented criminal defendants for more than 15 years.
- A lawyer who makes himself available to his clients on nights, holidays, and weekends.
Why Hire a Criminal Defense Lawyer for an OUI Charge?
OUI is not a charge to take lightly. The penalties for OUI could strip you of your ability to drive, your job, and your relationships. Hiring the right criminal defense attorney can help you protect your rights and future. A high-quality lawyer, such as Attorney Chris Spring, can give you a fighter in court who:
- Has firsthand knowledge of state and local OUI laws and court procedures.
- Can provide peace of mind by speaking to you about personal and legal matters.
- Can explain your rights in a way you can easily understand.
- Can let you know if a plea deal is the right solution for you.
- Is always honest and upfront about his legal fees.
- Will fight to achieve the best possible outcome.
- Will save you time, stress and money in the long run.
- Will try your case in front of a jury and argue you should be found not guilty.
Attorney Chris Spring is just as dedicated to securing positive case results as his clients. He goes above and beyond to ensure the Commonwealth does not take advantage of OUI defendants. With Chris by your side, you can feel confident that a trained professional is looking out for your best interests and advocating for your rights.
Defining Operating Under the Influence in Massachusetts
Operating under the influence is a crime in Massachusetts that describes being in control of a vehicle – even if the vehicle is not in motion or the engine is not running – while under the impairing influence of drugs, alcohol or other substances. The official blood-alcohol limit for a driver in Massachusetts is 0.08%. If any amount of alcohol, marijuana, prescription medications, vapes or other substances have impaired a driver enough to impact his or her ability to control the vehicle, however, the driver could face OUI charges.
Penalties to OUI
Operating under the influence is a dangerous practice that the Commonwealth takes seriously. Prosecutors take OUI crimes seriously and seek convictions as a lesson for both the offender and others in the community who may be tempted to drink and drive. The penalties include:
- Jail time (or up to five years in prison)
- Fines (up to $15,000 for a third offense)
- Driver’s license revocation (up to eight years for subsequent offenses)
- Mandatory ignition interlock device
- Required alcohol or drug education courses
The penalties for OUI in Massachusetts increase for repeat offenders. The best way to avoid the worst possible penalties for operating under the influence is by hiring a Woburn operating under the influence attorney.
Operating Under the Influence Charges
Some common defenses include:
- Inaccurate chemical test results
- Medical condition
- Unreliable sobriety tests
- Lack of probable cause
- Unlawful search or seizure
A skilled Woburn operating under the influence lawyer will counter the Breathalyzer test, officer observations, prior convictions, and field sobriety tests by providing more information and clarity in the grey areas.
- Countering the Breathalyzer test: The Breathalyzer operator must be properly certified, allow the machine enough time to warm up, and follow all other guidelines before performing the test. Failing to do so could jeopardize the accuracy of the test rules. Certain external factors can also interfere with the results, including whether the machine underwent proper maintenance, and if the driver is chewing gum during the test.
- Countering officer observations: Driving in Massachusetts after drinking is not illegal, as long as the alcohol does not impair the driver’s ability to operate a motor vehicle safely. Other factor such as cell phone use or the weather, can also cause erratic driving.
- Countering prior convictions: If prior convictions are brought up by the prosecutor and indicate that the defendant did not have legal representation, they are inadmissible in court. Also, if the prior convictions indicate that the defendant was living at another address, we can argue that the convictions do not belong to our client.
- Countering field sobriety tests: Field sobriety tests are regularly administered under unfavorable circumstances, including bad lighting and bad weather. The driver is also feeling justifiable discomfort due to the police officer’s questioning and accusations and may not respond to the test properly. In these circumstances, it is hard to conclude whether or not the results are reliable.
Discuss your legal strategy in more detail with Attorney Spring today. Contact Spring & Spring for a free consultation in Woburn, Massachusetts.