What You Should Know About Drunk Driving (Operating Under the Influence) Charges in Massachusetts

How many of us have had a few drinks at the bar, a friend’s house, or a work event and thought I’d only had a few, so I’m okay to drive home? For some, this ends up being an expensive decision and they find themselves charged with operating under the influence (OUI).

What you should know about OUI charges is that if an experienced attorney is hired early, it can make a world of difference. In an OUI case, the state attorney has to prove several things beyond a reasonable doubt, we call these parts elements of the crime. In an OUI case, the elements of the offense are that the 1.) defendant, 2.) operated a motor vehicle, 3.) on a public road, and 4.) while his or her ability to do so was impaired or his or her alcohol content in blood is greater than 0.08.

We will take these OUI elements one at a time. It may sound like a no-brainer, but it must be proven beyond a reasonable doubt that they have the right person in court. This is fairly simple to prove, but requires some type of identification or circumstantial evidence; The testimony of a police officer or the testimony of a civilian who was at the scene of the alleged crime will normally suffice.

Second, to prove an OUI, the prosecutor must prove beyond a reasonable doubt that you had driven a motor vehicle. Again, proving this element is usually not that difficult, however an experienced and skilled attorney can exploit this area to your advantage. The specific facts of your case will determine the feasibility of mounting a defense on this issue.

Third, to prove an OUI, the prosecutor must prove beyond a reasonable doubt that the operation of the vehicle occurred on public roads. Again, this may seem like an easy thing to prove, but for an inexperienced prosecutor, this element may be overlooked, allowing an experienced OUI attorney to obtain a direct verdict or not guilty. Simply put, the prosecutor must prove that the operation occurred in an area generally open to other members of the public to operate their vehicles.

Finally, the state’s attorney must prove that your ability to do so was impaired or that your blood alcohol content was above .08. If the individual facts of the case allow, the prosecutor may proceed with both theories.

Starting with the last one, if you have a blood alcohol content of .08 it will be shown by a blood test or, more commonly, a breathalyzer test. However, if you have refused to take either type of evidence, this theory of prosecution will not be available, and furthermore, the fact that you have refused is inadmissible at trial in Massachusetts. It is important to have an experienced OUI defense attorney, especially a former prosecutor, because they are well aware of the potential issues that may prevent this evidence from being used at trial or how to deny it if it is presented as evidence at trial.

With the first theory being tested as to whether your ability to operate said motor vehicle was impaired, many factors will ultimately influence the outcome. These often include, but are not limited to, observations of driving behavior (if the driving was erratic), observations of you at the time of the alleged violation (slurred speech, ability to stand, glassy bloodshot eyes, ability to understand), whether field sobriety tests were performed, and what the results were (commonly one-legged standing or nine-step walk and turn). It is important to remember that field sobriety test refusals cannot be used as evidence against you. An experienced drunk driving defense attorney knows the manual on how these field sobriety tests should be conducted and can often poke holes in the administering officer’s testimony at trial.

A final consideration is if it is a post OUI, Massachusetts allows a lifetime review, so if you were ever found guilty or received a continuance without a finding of OUI in any state in your life, you can be charged with the corresponding later. offense and have enhanced penalties, I have listed the possible penalties below. In practical terms this means that the prosecutor must have a second trial if he is found guilty of an OUI in the first trial, this is what is known as a bifurcated trial. The prosecutor in this second trial has to prove beyond a reasonable doubt that it is, in fact, you who have been previously convicted of a drunk driving offense. Proof of the back is often done through certified court documents, live testimony, and record of motor vehicle registrations. Again, this element tends to be hyper-technical and requires an experienced attorney to combat.

YES / DUI / PENALTIES FOR DRUNK DRIVING

1st OFFENSE YES

Imprisonment in the House of Correction: Not more than 2 ½ years House of Correction Fine: $500-$5,000

License Suspension: For 1 year, hardship leave is considered in 3 months for work or school and a general hardship in 6 months

Alternative First Offense Disposition:

Probation with a mandatory participation in the 24d drug and alcohol education program paid for by the offender

License suspended for 45 to 90 days, a hardship license is generally available upon completion of an intake for the 24d program.

2nd OFFENSE YES

Incarceration in House of Correction: Not less than 60 days, not more than 2 ½ years Fine: $600-$10,000

License suspension: for 2 years, work/educational hardship considered in 1 year, general hardship in 18 months

The condition of the hardship license is the installation of an ignition interlock device for at least 2 years.

Alternate Second Offense Design:

Parole with a 14-day confined treatment program paid for by the offender.
Eligible for first offense disposition if you have had only one prior offense that is more than 10 years old

3rd OFFENSE YES

Incarceration in House of Corrections: Not less than 180 days, not more than 5 years State Prison

May be served in correctional facility treatment programs

Fine: $1,000-$15,000

License suspension: for 8 years, considered work/educational hardship in 2 years, general hardship in 4 years

A condition of any hardship license is the installation of an ignition interlock device for at least the hardship period.

4TH OFFENSE YES

Incarceration in House of Corrections: Not less than 2 years (1 year Mandatory Minimum), not more than 5 years

Fine: $1,500-$25,000

License suspension: 10 years, considered work/educational hardship in 5 years, general hardship in 8 years

A condition of any hardship license is the installation of an ignition interlock device for at least the hardship period.

5TH OFFENSE YES

Incarceration in House of Correction: Not less than 2 1/2 years (24 months mandatory minimum), not more than 5 years (felony status)

Fine: $2.00-$50,000

License suspension: lifetime, no hardship

LICENSE RESTORATION FEES

First Offense $500.00
Second Offense $700.00
Third Offense $1,200.00

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