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Boston Drunk Driving Lawyers

1. Zerola, Gary: After a DUI or OUI arrest, most people think itÕs all over. This could not be further from the truth. Even after a failed breath test or blood test or an officerÕs allegations that you performed poorly on field sobriety tests, there is much that an attorney can do to build an aggressive defense strategy on your behalf. Even the seemingly smallest mistake made by law enforcement may have a significant impact on the outcome of your case, limiting the amount of evidence the prosecution is able to use against you or perhaps weakening the stateÕs case so much that your charges are dropped or reduced. With the proper resources and by dedicating the necessary time and energy to your defense, a Boston OUI lawyer can uncover evidence or witness testimony that supports your side of the story, that disproves blood or breath test results or shows that law enforcement did not have probable cause to pull you over in the first place.
2. Milligan Coughlin: OUIs (a.k.a. DWI, Operating Under the Influence, Operating While Intoxicated, Driving While Intoxicated) A&Bs (a.k.a. Assault and Battery, Assault and Battery with a Dangerous Weapon, ABDW) Sex Crimes (I.e. Indecent Assault and Battery, Rape, Attempted Rape, Indecent Exposure) Larceny (a.k.a. Larceny over $250, Larceny under $250, Larceny from a building, Larceny from a person) Drug Crimes (I.e. Possession, Possession with Intent to Distribute, Trafficking) Other Motor Vehicle (I.e. Negligent Operation, Reckless Operation, Motor Vehicle Homicide)
3. Sokol, David: * Assault, Battery, Attempts and Murder Charges * Bank and Mortgage Fraud * Domestic Violence and Restraining Orders * Drunk Driving (OUI/DUI) and other Criminal Motor Vehicle Offenses * Gang and Organized Crimiminal Enterprises * Illegal Drug and Controlled Substance Crimes * Illegal Sexual Behavior and Sexual Assault Crimes * Possession and Use of Dangerous Weapons * Theft and Larceny * Vehicular Homicide * ÒWhite CollarÓ Crimes
4. Sally & Fitch: business and banking, tort and products liability, partnerships or trusts, real estate, admiralty and maritime, employment, construction, divorce and probate, government investigations, or white-collar crime.
5. Fernandez, Frank: COMMON QUESTIONS AND SOME GENERAL ADVICE Question: The breathalyzer, should I refuse it? Answer: It depends, the legal limit in Massachusetts is .08 which can be reached pretty easily. Different people process alcohol differently, it depends on your weight, what else has been digested if anything with the alcohol,metabolism and the amount of time you have been drinking, how fast you have been drinking. and time when the test is performed in relation to the time you had your last drink. If you have consumed more than a couple drinks per hour over a two hour period, so a total of about four drinks within a 2 hour span or so, you most likely test over the legal blood alcohol limit of .08. A breathalyzer result over .08 gives the prosecutor strong evidence against you, it is like making a written admission that you committed the offense. There is the chance that a good lawyer can have the breathalyzer result thrown out before trial but it is not easy to do. If you refuse the breathalyzer you will lose your driverÕs license for 180 days for the first offense, if you have prior Operating Under the Influence (OUI) convictions, the suspension can be much longer for refusing. If you do take the breathalyzer and fail it is suspended for 30 days, if you are under 21 years old and fail the test it is a 180 day suspension. If it is your first offense a hardship license can be applied for upon resolution of the case, this allows you to drive for 12 hours a day if you can show it would be a hardship to you. DRUNK DRIVING LAWS: First OUI Offense potential penalties # Jail: Not more than 2 1/2 years House of Correction # Fine: $500-$5,000 # License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months Alternative Disposition for first offense # Admit to a Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. # Pay fines and court fees (over $2500 in total), as well as take a hit to your insurance. # Probation for one year. # A 16 week drug alcohol education program paid for by defendant. # License suspended for 45 to 90 days (not including penalty for breath test refusal) # License suspension is 210 days if you are under 21 years old. # You are eligible for a hardship license within a short time after resolution. Second OUI Offense potential penalties # Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years # Fine: $600-$10,000 # License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18 months. # As of January 1, 2006 - Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition for second offense # probation # 14 day confined (inpatient) alcohol treatment program paid for by the defendant # License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months. # As of January 1, 2006 - Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license). # If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. Third OUI Offense penalties # Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) # May be served in a prison treatment program # Fine $1,000-$15,000 # License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years # Commonwealth may seize, keep, and/or sell your vehicle. Fourth OUI Offense penalties # Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years (felony status) # Fine $1,500-$25,000 # License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years. Fifth OUI offense penalties # Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) # Fine $2,000-$50,000 # License Revoked/Suspended for life, no possibility of a hardship license.
6. Stephen Neyman: 1. You are not obligated to take a chemical (breath or blood) test. 2. You are not obligated to take field sobriety tests. 3. Your refusal to take the tests mentioned above will not be used against you at your trial. Our appellate courts have found it proper to instruct a jury that such actions should not be considered as evidence of guilt. In Commonwealth v. Downs, 53 Mass.App.Ct. 195 (2001) the Massachusetts Appeals Court looked favorably upon the following jury instruction: "You are not to mention or consider in anyway whatsoever, either for or against either side, that there is no evidence of a breathalyzer. Do not consider that in any way. Do not mention it. And put it completely out of your mind." Commonwealth v. Downs, 53 Mass.App.Ct. 195 at 198. 4. Even if you took and 'failed' a breath test you should not despair. A breathalyzer machine is just that - - a machine. There are many external influences that trigger false results from the machine. In cases where the breath reading exceeds .08 we recommend using one of our toxicologists to demonstrate and explain to a jury the shortcomings of the machine.
7. Jeffrey Karp: Generally speaking, the police may pull over a vehicle only if they witness a violation of the traffic laws or if they have reasonable suspicion that the driver is operating the vehicle while under the influence of alcohol or a controlled substance. Once the driver is pulled over he or she will be asked to provide his/her drivers license and the registration for the vehicle. These two documents must be provided. If the police officer has reasonable suspicion that the driver has operated the vehicle while under the influence, he may ask the driver to step out of the vehicle and perform field sobriety tests.
8. Austin Freeley: Sometimes, after a person is charged with a crime, the charges will be dropped as a result of the defense attorney's negotiations with the prosecutor. In other cases, the prosecutor will agree to drop more serious charges if the defendant agrees to plead guilty to lesser charges. The criminal defendant always has the final word, however, on whether to accept a plea agreement.
9. David Fox: Such charges can have serious consequences. A conviction will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against a DUI charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.