OUI Lawyer Near Me in New Bedford MA

Getting charged with an OUI in Massachusetts is no laughing matter. The OUI penalties across the state are some of the strictest nationwide. Even worse, the penalties are far more serious if you’re a repeat offender. 

Recent legislation allows the court to keep records of your OUI convictions for life, meaning an offense decades ago could come back to haunt you today. To have a fighting chance, you need to work with an experienced New Bedford OUI Lawyer.

Fogarty Law offers 60-minute initial consultations at no charge to all potential clients. Contact New Bedford OUI Lawyer Courtney K. Fogarty of Fogarty law today if you need representation for OUI charges.

What is an OUI in Massachusetts?

An OUI in Massachusetts, short for Operating Under the Influence, is just like a DUI in other states. OUI is the official charge, but the meaning is the same.

In Massachusetts, an OUI is defined as operating a motorized vehicle while under the influence of drugs, alcohol, or any substance that impairs your ability to drive.

Legally, you’re guilty of OUI in Massachusetts if these three things are true:

• You are aged 21 or older
• You were in control of or operating a motor vehicle
• You register a blood alcohol concentration (BAC) of .08% (or above)

OUI Charges and Penalties in Massachusetts

When Melanie’s Law was passed in 2005, OUI penalties in Massachusetts changed drastically. Existing penalties became far more severe, and new criminal offenses were created in relation to operating a vehicle while under the influence.

First Offense OUI Penalties

For your first OUI offense, you’re potentially facing the following fines and jail time.

• Suspension of your license for 1 year
• Fines ranging between $500 to $5,000
• Up to 2.5 years of jail time

Second Offense OUI Penalties

Second-time OUI offenders may be hit with the following fines and penalties.

• Suspension of your license for 2 years
• Fines ranging between $600 to $10,000
• At least 30 days in prison, up to 2.5 years

Third Offense OUI Penalties

For your third OUI offense, you could be dealing with the following consequences.

• Suspension of your license for 8 years
• Fines ranging between $1,000 to $15,000
• At least 150 days in prison, up to 2.5 years

Fourth Offense OUI Penalties

If you’re facing your fourth OUI charge, the potential fines and penalties are as follows.

• Suspension of your license for 10 years
• Fines ranging between $1,500 and $25,000
• At least 1 year in prison, up to 5 years

Fifth Offense OUI Penalties

If you’ve been charged with your fifth OUI, you could be sentenced to the following.

• Lifetime license suspension with no possibility of appeal
• Fines ranging between $2,000 and $50,000
• At least 2.5 years in a state prison facility, up to 5 years

OUI Breathalyzer Test in Massachusetts

Deciding whether to take a breathalyzer test is a big choice. If you approve and fail the test, you’ll lose your license for 30 days. If you refuse, your license will be suspended for a minimum of 6 months.

The suspension for refusing is severe because the law wants your BAC on the record. On the other hand, without a record of a .08 BAC or higher, the state may find it challenging to prove you were actually driving while under the influence.

Whether you submitted to the breath test or not, I’ll work with you to build a solid defense and pick apart every minor mistake the prosecution may have made. I pride myself on being the most zealous and meticulous New Bedford OUI lawyer available today.

Potential OUI Defenses

With an experienced and knowledgeable defense attorney, you absolutely have a chance at getting your charges reduced or dismissed. Many people charged with an OUI feel like there’s no way out, but that couldn’t be farther from the truth.

Maybe your blood alcohol samples were stored incorrectly, or the test wasn’t performed properly. If so, we could move to have that evidence thrown out entirely. I’ve seen it happen before.

Some medical conditions can make individuals appear drunk, to the point that they fail a breathalyzer test while sober. This is especially common in diabetics.

If the officer didn’t follow protocols or didn’t have a proper reason to pull you over, much of the prosecution’s evidence may become inadmissible.

No matter what your unique situation is, I’ll work with you to build a strong and calculated defense strategy.

Court Process When Charged with OUI in Massachusetts

Upon being charged with operating under the influence for the first time in Massachusetts, you’ll receive a court date for your arraignment. At the arraignment, the charges are formally laid out and the court will decide whether to release you or set your bail.

Next, your pre-trial conference happens 4 to 6 weeks after your arraignment. This conference is to confirm you are well-informed on your case and possess all relevant information. This is your chance to glean additional information from the prosecutor and discuss resolutions. Sometimes you’ll have more than one pre-trial conference.

Then you’ll attend a motion hearing, where the arresting officer testifies. Our aim during this hearing is to propose motions that limit which evidence can be used against you. We may move to suppress statements you made in violation of Miranda Rights, or to suppress evidence under the Fourth Amendment of our State Constitution.

While this all sounds straightforward enough on paper, the OUI case process in MA is extremely complex in reality. Every single thing you do and say throughout the process can be used against you in the trial.

This is why I recommend contacting me as soon as you can if you’ve been charged with an OUI in MA. The earlier you start working with a New Bedford OUI lawyer like me, the better our odds are of getting your case dismissed.

OUI Alcohol in Massachusetts

Operating a vehicle under the influence of alcohol can lead to you being hit with an OUI alcohol charge. But there’s a long road between your arrest and your trial.

The Commonwealth is required to prove that you were operating a vehicle, that you operated it in a public space, and that your BAC was above .08% when you were operating the vehicle. Whether you refused or failed the breath test, there are quite a few avenues we can explore to get your charges reduced or even dropped.

OUI Drugs in Massachusetts

Operating a vehicle under the influence of narcotics, drugs, illegal stimulants, depressants, marijuana, or any other illicit substance may result in an OUI drug charge.

Just like with an OUI alcohol charge, the state must prove beyond any doubt that you operated a vehicle, that you operated it in a public place, and that you were under the influence of a substance while operating the vehicle.

When you work with me, we’ll go over the prosecution’s charges with a fine-toothed comb. Every error, inconsistency, and mistake will be used to your advantage—and you might be surprised how often these errors are made.

OUI Frequently Asked Questions

What Does OUI Mean in Massachusetts?

In Massachusetts, OUI stands for Operating Under the Influence, though many states refer to these charges as a DUI (Driving Under the Influence) or DWI (Driving While Impaired).

Is an OUI a Felony in Massachusetts?

In Massachusetts, your first and second OUI charges are misdemeanors, while your third offense and beyond will result in OUI felony charges.

What Happens if You Refuse a Breathalyzer in Massachusetts?

Refusing a breathalyzer in Massachusetts will lead to an automatic 6-month suspension of your license for first-time offenders, a 3-year suspension for second-time offenders, a 5-year suspension for third-time offenders, and a lifetime suspension for fourth-time offenders.

What is Melanie’s Law in Massachusetts?

Melanie’s Law refers to legislation passed in Massachusetts in 2005, which made OUI penalties far more severe and added additional criminal offenses related to OUI charges.

What court do I go to if arrested for OUI in New Bedford MA?

New Bedford District Court located at 75 N. Sixth St., New Bedford, MA 02740.

Hiring an OUI / DUI Attorney in Massachusetts

Because Massachusetts has some of the strictest OUI laws in the country, it’s vital that you hire an experienced and well-informed New Bedford DUI Lawyer. Courtney K. Fogarty has 10 years of experience handling OUI cases and now ardently advocating for individuals facing OUI charges. Just contact me today to book your free 60-minute consultation.