In Massachusetts, an OUI is a criminal charge of operating under the influence of alcohol.
In other states, it may be called a DUI, driving under the influence, or a DWI, driving while intoxicated.
If the police suspect a driver of drunk driving, he/she will be arrested, placed into police custody, transported to and booked at the local police station. Following the booking procedure, the driver will usually be released on bail with instructions to return to court the following business day.
At court, the accused driver will be arraigned, which is the formal reading of the Commonwealth’s charge(s). A plea of not guilty will be entered for the accused driver, who may now be referred to as the Defendant. At this point, the Defendant will be asked whether he/she will hire an attorney or represent himself/herself. Indigent individuals may be appointed an attorney if they meet certain low income qualifications. However, due to the serious consequences of these charges, I strongly recommend that all people caught in this situation hire a knowledgeable criminal defense attorney from a Law Firm, as soon as possible; preferably before arraignment or soon thereafter.
The potential statutory penalties depend on whether the driver has any prior convictions.
For a first-time OUI, the driver may face a sentence of up to 2 ½ years in jail and loss of license for up to 1 year.
For a second offense OUI, the driver will face a sentence of a minimum of 60 days in jail, up to 2 ½ years, as well as loss of license for up to 2 years.
For a 3rd offense, the driver will be required to serve at least 5 months in jail, up to 5 years, with a loss of license for 8 years.
For a 4th OUI, there is a minimum of 1 year in jail, up to 5 years, with a 10-year loss of license.
For a 5th OUI, the minimum sentence is 2 years, with a permanent loss of license.
Depending upon the situation, certain alternative sentences may be imposed. For example, for a 1st OUI, a judge may impose an alternative sentence of a 45-day loss of license, a 1-year term of probation, statutory fines & fees, as well as an expensive 16-week drunk driver education course. For a 2nd OUI, the judge may choose to impose an alternative disposition of a 14-day in-house course, rather than incarceration. Also, if the prior conviction was more than 10 years before, the judge may treat the 2nd offense as a 1st OUI.
Although it is not against the law to drink and drive, it is against the law to drive while under the influence of liquor. In addition, a driver, who has been drinking, no matter how much, may be driving with a diminished capacity, which means he/she is a danger to himself/herself, his/her passenger(s), and anyone else on the road, whether on foot or in a car.
The simple answer to drinking and driving is very clear.
If the driver has been drinking, he/she should not get behind the wheel of a car. However, if you are arrested for an OUI, pick up your phone and call an experienced attorney from a Boston Law Firm, like Attorney Elliot Savitz, at (781) 613-2858, right away.
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“Dear Mr Savitz, Thank you so much for all your hard work, as well as your persistence on my case. I really appreciate your sensitivity in dealing with me on this matter. I feel good about the outcome of my case and am grateful to you for resolving it quickly.”
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“Thank you for representing me in court. Everything worked out for the better. I have been attending all my AA meetings, consulting at Catholic Charities and meeting with my probation officer. I haven’t had a drink since the day I went to court and everything is great at home.”
“Dear Elliot, Just a short note filled with heartfelt thanks for your help and support in my defense during my court appearance. I can’t begin to express how grateful I am knowing this foolish incident and its aftermath is finally over. Thank again, so very much.”
“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”
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If you are facing criminal charges, call The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof, at (781) 917-3477.
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