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Criminal Defense Lawyer Courtney K. Fogarty of New Bedford, Massachusetts
Schedule a ConsultationYou might believe penalties for a first-time criminal offender are fairly light. But when it comes to an OUI first offense in Massachusetts, nothing could be further from the truth.
With the passage of Melanie’s Law in 2005, MA OUI penalties became some of the harshest anywhere in the US. If you or a loved one are facing these potential consequences, contact first-offense OUI lawyer Courtney K. Fogarty today at (508) 317-0339.
The potential penalties you face following conviction for an OUI first offense in Massachusetts are:
However, certain factors related to your OUI charges can make these potential penalties even steeper.
These include having a BAC of .20% or higher, having a minor passenger in the vehicle at the time of your OUI arrest, causing bodily harm or property damage, and being a repeat offender.
These factors can impact you even if this is your very first OUI charge. Potential penalties in this scenario can include:
As an experienced, aggressive first offense DUI lawyer, Courtney K. Fogarty will explore every possible avenue for defending against your charges.
If you refuse the breathalyzer, the first step is challenging the suspension caused by your refusal. The first step in this appeal is attending a hearing with the RMV.
During the hearing, we’ll focus on challenging the manner in which you were arrested, the nature of your refusal, and the officer’s belief that your faculties were impaired. From there, the next step is typically petitioning for a judicial review by a District Court judge.
Ultimately, we’ll argue to District Court that the officer’s decision is either unsupported by fact or outside the scope of their authority. The District Judge can then reinstate your driver’s license.
But this is just one example of how Fogarty Law can use the details of your charges to secure a favorable outcome. We’ll also pursue fighting any field sobriety tests, breath/blood tests, and even sobriety checkpoints that may have played a role in your arrest.
Because Courtney K. Fogarty is a former Massachusetts OUI prosecutor, no one has a clearer view of how the prosecution will try to build their case against you. This gives her a unique edge as your first offense OUI lawyer.
As you now know, the penalties for OUI in Massachusetts can negatively impact your life for years to come—even if this is your first ever offense.
Plus, MA prosecutors and judges take an extremely severe stance on OUI charges. Getting yours reduced or dismissed is almost impossible without help from an experienced first offense OUI lawyer like Courtney K. Fogarty.
As a former MA prosecutor, she’s deeply familiar with the tools and resources that the state may employ to convict you—and more importantly, how to defend you against these strategies.
If you or a loved one have been charged with an OUI first offense in Massachusetts, call Fogarty Law now at (508) 317-0339.
Jail time is common, but not a certainty, following conviction for a first DUI in Massachusetts. State law allows a judge to sentence you to 2.5 years in a county jail.
When you work with a knowledgeable, experienced first-offense DUI lawyer like Courtney K. Fogarty of Fogarty Law, jail time becomes far less likely. She’ll fight tirelessly to get your charges dismissed or reduced if dismissal isn’t possible.
She’ll also walk you through alternative dispositions. You may ultimately face only one year of administrative probation and attending a 16-week alcohol reeducation program rather than jail time.
A first DUI in Massachusetts is usually charged as a misdemeanor, not a felony. In MA, a felony is defined as any crime punishable by death or a sentence in a state prison facility.
Since the jail sentence that typically accompanies a first OUI offense is 2.5 years in a county jail, not a state penitentiary, the charges are typically classified as a misdemeanor.
However, if any aggravating factors are present in your case—for example, someone was killed or seriously injured—then you may face felony charges for your first offense OUI.
A plea bargain is when you agree to plead guilty to all or some of the charges against you in exchange for a slight reduction in your sentence. In this scenario, the prosecution will approach you with an offer.
It’s up to you and your lawyer to decide whether to accept the plea bargain. Typically, Fogarty Law doesn’t recommend taking a plea bargain for a first offense OUI.
As an aggressive, knowledgeable first offense OUI lawyer and former MA prosecutor, Courtney K. Fogarty has successfully defended many clients facing their first OUI charges.
And keep in mind, you very well may be eligible for an alternative disposition program. In this scenario, no OUI conviction would appear on your record—which isn’t true of accepting a plea bargain.
If you or a loved one are facing these charges, you need an aggressive, knowledgeable attorney to advocate on your behalf. Penalties for OUI first offense in Massachusetts are some of the steepest in the country and could change your life for years to come. Contact Massachusetts OUI Defense Lawyer Fogarty Law today for your free 60-minute case evaluation.