Attorney
Facing an Operating Under the Influence (OUI) charge in Massachusetts can be overwhelming, especially for first-time offenders. The impact on your driving record, your job, and your personal life can be serious. But being charged is not the same as being convicted. There are legal defenses that could lead to reduced penalties or even a dismissal.
Understanding these options is the first step toward protecting your future. At Geraghty Law LLC, our Worcester County DUI/OUI defense attorney builds effective OUI defense strategies based on the facts of each case.
What Is an OUI in Massachusetts?
In Massachusetts, an OUI occurs when someone operates a vehicle under the influence of alcohol, drugs, or a combination of both. Massachusetts OUI laws set the legal limit for blood alcohol concentration (BAC) at 0.08% for most drivers.
Penalties for an OUI vary based on prior offenses and case details. For a first-time offender, consequences may include:
- License suspension
- Fines up to $5,000
- Mandatory alcohol education program
- Possible jail time
The punishment for an OUI in Massachusetts depends on numerous factors, including your prior DUI convictions and aggravating factors.
Understanding your rights and available defenses is key.
If you are stopped or arrested for driving under the influence in Worcester County, key things to remember include:
Unlawful Traffic Stop
Not all traffic stops are legal. Police must have a valid reason, known as reasonable suspicion, to pull someone over.
A stop may be unlawful if:
- The officer cannot articulate a reason for the stop (such as speeding or a broken taillight)
- The stop was based on profiling or bias
- There is no visible traffic violation on dashcam footage
An unlawful stop can violate your Fourth Amendment rights. If proven, the evidence collected after the stop—such as a failed sobriety test—may be thrown out. This type of constitutional challenge is often a strong starting point for defense.
Inaccurate Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used during a traffic stop to determine if someone is impaired. These include the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus.
However, results can be influenced by many factors:
- Medical conditions like vertigo or knee injuries
- Fatigue or anxiety
- Uneven road surfaces or poor lighting
- Lack of proper training by the officer
Field tests are subjective. Failing one doesn’t always mean a person was drunk. These tests can be challenged by experts or through cross-examination.
Breathalyzer Errors and Calibration Problems
Breathalyzer devices must be properly calibrated and maintained to give accurate readings. In Massachusetts, the Draeger Alcotest 9510 has faced legal scrutiny due to issues with its reliability.
Reasons a breath test might be inadmissible:
- Lack of proper calibration documentation
- Operator error during the test
- Software glitches or environmental interference
Breathalyzer evidence must meet strict standards, and when it doesn’t, it could be ruled invalid.
“Rising BAC” Defense
Alcohol takes time to absorb into the bloodstream. This means that your BAC could continue to rise even after you’ve stopped drinking.
Here’s how that can help your defense:
- You may have been under the legal limit while driving
- You didn’t take the chemical test until later, when your BAC was higher
- The timing of the traffic stop and test is critical
This defense depends on expert opinions and exact timing, but it can be effective, especially in close calls.
Lack of Probable Cause for Arrest
An officer must have probable cause to make an arrest. That’s different from simply pulling someone over.
You may be able to challenge the arrest if:
- Your behavior was not consistent with impairment
- The officer relied only on odor of alcohol or nervousness
- Video footage contradicts their report
Without clear evidence of impairment, the arrest may not hold. A skilled Worcester OUI defense lawyer can request footage and evidence to expose these weaknesses.
Medical Conditions and Similar Symptoms
Certain health conditions can mimic signs of intoxication. Diabetes, epilepsy, and even allergies can cause symptoms like slurred speech, unsteady balance, or fruity-smelling breath.
You may have a valid explanation if:
- You suffer from one of these conditions
- Your medical records support this
- You were not offered a chance to explain your symptoms at the scene
Bringing in medical documentation or expert witnesses can make a major difference in court.
Why Legal Representation Matters
No two OUI cases are the same. A defense that works for one person may not apply to another. That’s why working with an experienced local attorney is important.
An OUI defense lawyer in Worcester County can:
- Review your arrest and test records
- File motions to suppress unlawful evidence
- Negotiate with prosecutors for reduced charges or diversion
A tailored strategy gives you the best chance for a fair outcome.
Take the First Step Toward a Strong Defense
If you’re facing an OUI charge in Worcester County, contact Geraghty Law LLC today for a personalized case evaluation. Our experienced attorneys will guide you through every defense strategy available to protect your rights and your future.
