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OUI

CRIMINAL LAW

OUI

The attorneys at Hochberg Law Offices, P.C. are dedicated to providing high quality legal representation throughout the course of OUI, DUI, and DWI criminal proceedings. If you have been accused of any crime or other violation of the law in Pittsfield, Lee, Lenox, North Adams, Adams, Great Barrington, or Stockbridge our office is poised to assist you with your unique legal needs. The lawyers of Hochberg Law Offices, P.C. are experienced specialists in providing aggressive representation in all of the following Operating Under the Influence (OUI/DUI) cases:

-Operating Under the Influence of Liquor
-Operating Under the Influence of Liquor, Subsequent Offenses
-Operating Under the Influence of Drugs
-Child Endangerment while Operating Under the Influence

In Massachusetts, in order to be convicted of operating under the influence of alcohol or drugs, the prosecution must prove 3 elements beyond a reasonable doubt:

-you operated a motor vehicle
-on a public way
-while under the influence of alcohol or drugs

This charge is often known as "drunk driving" or Driving Under the Influence but in Massachusetts the criminal statute uses the term Operating Under the Influence. In order to be convicted of and OUI, the prosecution needs to convince a jury that you consumed enough alcohol or drugs that your ability to operate a motor vehicle was safely impaired. There are many ways to present a defense to this charge an attack the Commonwealth’s case which generally consists of police officer field observations.

OUI cases give rise to many legal issues. The first step in any OUI case is to thoroughly analyze all police reports to determine that your rights were not violated. If We determine that the police violated the Constitution by stopping you or demanding that you exit your car, we will file motions to exclude any evidence obtained from the violation kept out of your case. In many cases, this exclusion can mean that your case is dismissed prior to trial.

It is common for people charged with OUI to attempt resolve their case as quickly and painlessly as possible, rather than taking it to trial or pursuing motions to suppress or dismiss. While we can certainly help make that the process as easy as possible, the worst thing you can do is plead guilty without first being fully advised of all of your options. There are usually better options than a guilty plea, especially in the case of a first offense. We can minimize the time in which your license will be suspended by the Registry of Motor Vehicles.

In addition to any Registry of Motor Vehicles license loss penalties, OUI carries the following potential penalties:

1st Offense:

2 1/2 years in jail
Fines from $500- $5,000
1 year license suspension

2nd Offense:

60 day mandatory minimum jail sentence up to 2 1/2 years in jail
Fines from $600- $10,000
2 year license loss
Interlock Ignition Device installed for 2 years

3rd Offense (felony):

180 days mandatory minimum jail sentence, 150 days of which must be served, up to 5 years in state prison
Fines from $1,000 to $15,000
8 year license loss
Interlock ignition device installed for 2 years

4th Offense (felony):

2 years mandatory minimum jail sentence, 1 year of which must be served, up to 5 years in state prison
Fines from $1,500 to $25,000
10 year license loss
Interlock ignition device installed for 2 years
Forfeiture of your vehicle to the government, without compensation

5th Offense (felony)

2 1/2 years mandatory minimum in jail, 2 years of which must be served, up to 5 years in state prison
Fines from $2,000 to $50,000
Lifetime license loss; no hardship license available, ever
Forfeiture of your vehicle to the government, without compensation

Pittsfield Lawyers | Hochberg Law Offices, P.C. – Attorneys at Law | Pittsfield, Massachusetts