Attorney
Have you been arrested for an OUI charge in Massachusetts? If so, learning about effective defense strategies and what first-time DUI offenders in Worcester County need to know is essential. Our Worcester OUI attorney discusses drunk driving defense in Massachusetts in this blog.
Understanding OUI Charges Under Massachusetts Law
Massachusetts General Laws Chapter 90 Section 24 makes driving under the influence of alcohol unlawful. You can be arrested if your BAC (blood alcohol content) is above the legal limit of .08% or .02% for drivers under 21 years old.
Law enforcement can also make an OUI arrest if they have probable cause to believe the alcohol or drugs in your system impair your driving abilities. Therefore, refusing a roadside breath test or field sobriety tests does not automatically avoid a DUI arrest.
Massachusetts laws refer to drunk driving as Operating Under the Influence (OUI). DUI (driving under the influence) is a common term used to refer to drunk driving. In Massachusetts, there is no legal difference, and the terms are often used interchangeably.
Immediate Steps to Take After an OUI Arrest in Worcester County, MA
The steps you take during a DUI stop and after an OUI arrest can impact drunk driving defense in Massachusetts. Things to keep in mind are:
- You have the right to remain silent and should exercise that right both during and after your arrest. **
- You have the right to legal counsel when questioned by law enforcement officers.
- The implied consent law in Massachusetts can result in administrative suspension of your driver’s license for refusing a chemical or breath test after an arrest.
- You must request an RMV hearing for a chemical test refusal within days of your DUI arrest.
Contact a Worcester County DUI defense lawyer as soon as possible to discuss your legal options. An attorney skilled in drunk driving defense can help you determine the best way to fight an OUI charge in Massachusetts.
Key Strategies for Fighting an OUI Charge in Worcester County
The defense strategy used to fight OUI charges depends on the factors and circumstances involved in your case. Potential OUI defense strategies include:
- Identifying procedural errors during the DUI arrest or chemical testing
- Challenging the legality of the traffic stop based on Fourth Amendment rights
- Questioning the accuracy of field sobriety tests, breathalyzers, and chemical tests (i.e., equipment calibration, training, environmental conditions, etc.)
- Asserting medical or physical conditions that could impact test results or officer observations
Swift legal intervention is the best way to protect your rights. Contact a lawyer as soon as possible. Our local DUI lawyers are well-versed in the nuances of the Worcester County District Courts, local procedures, and the prosecution process. Geraghty Law has extensive experience defending OUI charges in Worcester County.
First-Time OUI Offenders: What You Need to Know
The penalties for an OUI conviction can include fines, jail time, loss of driving privileges, and other punishments. First-time offenders can face jail time in some situations. Additionally, collateral consequences may include job loss, increased insurance rates, a criminal record, and loss of professional licenses.
However, some first-time offenders may be eligible for the Massachusetts 24D Program. The 24D disposition program is an alcohol education program for first-time OUI offenders in Massachusetts. An individual placed in the program can avoid incarceration and harsher penalties by completing a state-approved substance use education program.
Early intervention with the assistance of an experienced Worcester County DUI attorney is strongly recommended. There is the potential for reducing penalties and reducing the impact of a DUI conviction on your personal and professional life.
Contact Our Worcester OUI Attorney for Help
Facing an OUI charge in Massachusetts doesn’t mean a conviction is guaranteed. Let Geraghty Law, LLC help you build a solid legal strategy tailored to your situation—especially if this is your first offense. Contact us today for a free consultation.
