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How Our Services Help:
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We build strong defenses against OUI vs DUI in Massachusetts charges, challenging blood alcohol concentration (BAC) test results and improper police procedures.
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Our legal team helps clients understand the difference between DUI and OUI in Massachusetts, ensuring they know their rights and options.
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We work to minimize penalties, reduce license suspension periods, and explore alternatives such as alcohol education programs to help clients avoid harsh consequences.
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Whether it's a first-time offense or a repeat charge, we provide strategic defense for all drunk driving charges, including those involving influence of drugs or driving while ability impaired.
Why Choose Fiorentino Legal, P.C. for OUI/DUI Defense in Massachusetts
Massachusetts has some of the strictest impaired driving laws in the country. A first-time OUI charge can result in significant fines, a mandatory alcohol education program, and license suspension. Understanding the difference between OUI and DUI in Massachusetts is crucial when facing charges, as OUI is the official legal term used in the state. We work closely with clients to challenge weak evidence, question law enforcement procedures, and fight for reduced or dismissed charges.
The severity of penalties for OUI depends on factors such as prior offenses and blood alcohol content (BAC) at the time of arrest. Many clients ask whether they should refuse a breathalyzer test—while refusal results in automatic license suspension, it also denies the prosecution key evidence. Our firm carefully evaluates each case, helping clients make informed legal decisions.
If convicted, penalties range from fines to potential jail time, depending on the case details. Additionally, a conviction stays on your record for life in Massachusetts. Our team is skilled in seeking alternatives such as reduced charges, alcohol education programs, or hardship licenses that allow limited driving privileges. We aggressively fight for our clients to avoid long-term consequences.
FAQs for OUI/DUI Cases in Massachusetts
What is the difference between OUI and DUI in Massachusetts?
In Massachusetts, OUI (Operating Under the Influence) is the official legal term, while DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are commonly used in other states. The difference between OUI and DUI in Massachusetts lies in terminology, but both refer to operating a vehicle while under the influence of alcohol or drugs, with the same legal consequences.
What are the penalties for OUI in Massachusetts?
The penalties for OUI vary based on prior offenses. A first-time OUI charge may result in fines of up to $5,000, a license suspension of up to one year, and possible jail time. Subsequent offenses carry harsher consequences, including mandatory minimum jail sentences, longer suspensions, and ignition interlock device requirements.
How is blood alcohol content (BAC) measured in an OUI case?
Massachusetts law enforcement measures blood alcohol concentration (BAC) through breathalyzer and blood tests. A BAC of 0.08% or higher is the legal threshold for an OUI conviction for adult drivers. For commercial drivers, the limit is 0.04%, while drivers under 21 face penalties for a BAC of 0.02% or higher.
Can I refuse a breathalyzer test in Massachusetts?
Yes, but under Massachusetts OUI/DUI laws, refusing a breathalyzer results in an automatic license suspension due to the state’s implied consent law. A first-time refusal leads to a 180-day suspension, while multiple refusals can lead to even longer suspensions.
What happens if I am charged with an OUI involving drugs?
A person charged with an OUI for influence of drugs faces similar penalties as alcohol-related OUIs. However, proving drug impairment can be more complex, as there is no standardized BAC equivalent for drugs. Law enforcement may rely on field sobriety tests, drug recognition experts, and blood tests.
Will I have to attend an alcohol education program if convicted?
Most first-time drunk driving charges result in a court-mandated alcohol education program as part of probation. These programs aim to reduce repeat offenses by educating drivers on the risks of impaired driving.
How long does an OUI stay on my record in Massachusetts?
An OUI conviction remains on your driving record for life in Massachusetts. While some states allow expungement, Massachusetts does not typically remove OUI convictions, making it important to fight charges with a strong legal defense.
Can I get a hardship license after an OUI conviction?
Yes, some drivers may qualify for a hardship license, allowing limited driving privileges for work or medical needs. Eligibility depends on factors such as prior convictions, participation in an alcohol education program, and completion of a waiting period.