Co je to OUI a jaké jsou důsledky?

In Massachusetts, OUI (Operating Under the Influence) is the term used for drunk driving charges. In other states, these offenses may be called DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). Regardless of the terminology, OUI is a serious criminal offense with potentially severe legal and personal consequences.

---

What Happens After an OUI Arrest?

When a driver is suspected of operating under the influence, the process typically involves:

1. Arrest and Booking: The individual is taken into police custody, transported to the station, and booked.
2. Bail and Release: After booking, the driver is usually released on bail with instructions to appear in court the next business day.
3. Court Appearance: At the arraignment, the formal charges are read, and the defendant enters a plea of not guilty. At this stage, the court will inquire whether the defendant has legal representation.

Indigent individuals may qualify for a court-appointed attorney if they meet specific income requirements. However, due to the severe consequences of an OUI conviction, hiring an experienced criminal defense attorney, such as those at Advokátní kancelář Elliot Savitz & Scott Bradley, is highly recommended.

---

OUI Penalties in Massachusetts

The penalties for an OUI conviction in Massachusetts escalate with each subsequent offense:

• First Offense:
  • Up to 2 ½ years in jail.
  • Loss of license for up to 1 year.
• Second Offense:
  • Minimum 60 days in jail, up to 2 ½ years.
  • Loss of license for up to 2 years.
• Third Offense:
  • Minimum 5 months in jail, up to 5 years.
  • Loss of license for 8 years.
• Fourth Offense:
  • Minimum 1 year in jail, up to 5 years.
  • Loss of license for 10 years.
• Fifth Offense:
  • Minimum 2 years in jail.
  • Permanent loss of license.

Alternative Sentencing Options

In some cases, judges may impose alternative sentences, especially for first-time offenders:

• First Offense:
  • 45-day loss of license.
  • 1-year probation.
  • Statutory fines and fees.
  • Completion of a 16-week drunk driver education course.
• Second Offense:
  • A 14-day in-house treatment program instead of incarceration.
  • If the prior conviction occurred more than 10 years earlier, the judge may treat the second offense as a first.

The Legal Line Between Drinking and Driving

In Massachusetts, it is not illegal to drink and drive unless you are under the influence of alcohol. However, even if you feel fine, drinking can impair your ability to drive safely, posing a risk to yourself, your passengers, and others on the road.

The simple answer? If you’ve been drinking, avoid getting behind the wheel.

What to Do If You’re Arrested for an OUI

If you are charged with OUI in Massachusetts, it’s critical to act quickly. Contact an experienced OUI attorney immediately to protect your rights, evaluate your case, and develop a defense strategy.

At Advokátní kancelář Elliot Savitz & Scott Bradley, our experienced team specializes in OUI cases, offering comprehensive legal representation to minimize the impact on your life. Call us at (781) 974-3429 to discuss your case and start building a strong defense.

Don’t let an OUI charge jeopardize your future—reach out to our skilled attorneys today.