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Operating under the influence cases can be successfully tried in the Trial Courts of the Commonwealth. The field sobriety tests can be successfully argued against given the right conditions. Breath test results may be suppressed if you did not voluntarily consent to submit to the breathalyzer. In addition, the breath test results might be inadmissible at trial if the breathalyzer test did not comply with the Code of Massachusetts Regulations. (M.G.L. c.30A, 501 C.M.R. 2.00, et seq) Finally, the weight of the reliability of the breath test results can be challenged at trial by a thorough examination of the maintenance and certification logs for the particular Draeger Alcotest breathalyzer machine used to obtain the breath sample.
Call me (508) 775-1233 and set up a free consultation...I'll read the police report and give you an honest straightforward opinion as to your chances at trial. I have OUI trial experience in both the Massachusetts State and Federal Courts.
Operating Under the Influence [M.G.L. c.90, §24]
The following penalties vary depending on the number of times you've been charged with this offense.
 1st Offense OUI Penalty
- .08
- up to 2 ½ years jail
- $500 - $5,000 fine
- License suspension 1 year
- RMV work hardship license considered in 3 mos if submitted to breathalyzer.; general hardship considered in 6 mos if submitted to breathalyzer.
§24D Alternative Disposition (1st Offense)
- C.W.O.F. (continuance without a finding);
- 1 year probation
- Pay court fines and costs of probation
- 45 - 90 days license suspension (not including 180 day suspension for breath test refusal)
- 16 weeks, once a week, Driver Alcohol Education Program
- Hardship license usually granted right away
2nd Offense OUI Penalty
- 30 days minimum jail;
- up to 2 ½ years jail
- $600 - $10,000 fine
- 2 years license suspension
- work/education license in 6 mos.; general hardship license in 1 year with ignition interlock device.
- Breath test refusals = hardship license or license restoration in 3 years!
§24D Alternative Disposition (sometimes available for 2nd Offense if 1st Offense was more than 10 years prior)
- 2 years probation
- 14 days inpatient (confined) alcohol treatment program at your expense
- 2 years license suspension
- Work/education license eligible in 6 mos.; general hardship license in 1 year
- Interlock ignition device installed in your car at your expense
3rd Offense OUI Penalty
- you are facing a mandatory 5-6 months in jail if found guilty.
- 150 day minimum jail
- up to 5 years state prison
- $1,000 - $5,000 fine
- License suspension: 8 years; work/education hardship considered in 2 years; general hardship in 4 years
- Commonwealth may seize, keep, and/or sell your vehicle.
4th Offense OUI Penalty
- 1 year minimum jail;
- 2 - 5 years jail;
- $1,500 - $25,000 fine;
- 10 years license suspension; work/education hardship considered in 5 years; general hardship in 8 years.
 5th Offense OUI Penalty
- 2 years minimum jail;
- 2 ½ - 5 years jail;
- $2,000 - $50,000 fine;
- License suspended for LIFE!, no possibility of a hardship license!
Habitual traffic offender [M.G.L. c.90, §22F] -
- 4 years license loss
- life time loss of license
Leaving the scene of an accident [M.G.L. c.90, §24(2)(a)] -This charge can have numerous possible punishments depending on whether the defendant has previously been convicted of this offense.
Operating to Endanger [M.G.L. c.90, §24(2)(a)]
RMV HEARINGS
Hardship Licenses
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