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Framingham Drunk Driving Lawyers

1. Capetta Law Offices: OUI/DUI Drunk Driving Drunk driving offenses are known by many names. In the Commonwealth of Massachusetts they are referred to as Operating Under the Influence or ÒOUIÓ cases. A conviction for Operating Under the Influence in Massachusetts carries significant criminal penalties as well as burdensome loss of license consequences. Some OUI cases are not as strong as they are made to sound by the police report, in these cases it may be best to take the case to a jury trial or a trial in front of a judge. In some cases taking a plea may be the best option. ÒDrunk DrivingÓ offenses in Massachusetts Operating Under the Influence In order to prove that someone is guilty of operating under the influence of alcohol the prosecutor must prove three things: 1) That the defendant operated a motor vehicle 2)That the motor vehicle was operated on a public way 3)That the operator was under the influence of alcohol at the time of operation or his/her blood alcohol content was .08% or greater at the time of operation Penalties First Offense The penalty for a first offense Operating Under the Influence charge is incarceration for not more than 2 1/2 years in a house of correction and a fine of not more than $5,000. License is suspended for one year. Alternative Disposition: A judge may also consider an alternative disposition for a first offender. This alternative disposition allows for a term of probation for one year with participation in a qualified alcohol education program. The defendant is required to pay for the cost of the education program. One of the benefits of this alternative disposition is that the license loss is only 45-90 days, and a hardship/work license can be applied for as soon as the defendant has started the alcohol education program. Second Offense The penalty for a second offense Operating Under the Influence charge is incarceration for not less than 60 days and not more than 2 1/2 years. 30 days of this sentence must be served as a mandatory minimum and cannot be suspended or replaced with probation. Also a fine of not more than $10,000 and license suspension for 2 years. Alternative Disposition: A judge may also consider an alternative disposition for a second offender. This alternative disposition allows for a term of probation for two years without any mandatory minimum jail time to serve. As a part of this disposition the defendant must enter into and pay for a qualified 14 day inpatient alcohol treatment program. The license suspension is still 2 years, however a defendant can apply for a hardship/work license after 6 months as long as the 14 day inpatient treatment program has been completed and the defendant is enrolled in the aftercare program. Third Offense The penalty for a third offense Operating Under the Influence charge is incarceration for not less than 180 days and not more than 5 years in a state prison. 150 days (5 months) of this sentence are a mandatory minimum and must be served. Those 150 days cannot be suspended or replaced with probation. There is no eligibility for parole until those 150 days are served. The sentence may be served in a treatment program at a correctional facility. There is also a fine of not more than $15,000. License suspension is for 8 years, a work/hardship license can be applied for after 2 years. There is no alternative disposition for a third offense. Fourth Offense The penalty for a fourth offense Operating Under the Influence charge is incarceration for not less than 2 years and not more than 5 years in a state prison. One year of this sentence is considered a mandatory minimum and cannot be suspended or replaced with probation. There is no eligibility for parole until one year is served. Fine of up to $25,000. License suspension is for 10 years, a work/hardship license can be applied for after 5 years. There is no alternative disposition for a fourth offense. Fifth Offense The penalty for a fifth offense Operating Under the Influence charge is incarceration for not less than 2 1/2 years and not more than 5 years in a state prison. 2 years of this sentence is considered a mandatory minimum and cannot be suspended or replaced with probation. There is no eligibility for parole until 2 years have been served. Fine of up to $50,000. License suspension is for life, there is no possibility of a hardship license.
2. Leone, Joseph: When you are charged with a crime, your freedom or liberty may be at stake. Your reputation is at stake. Your ability to obtain employment or educational opportunities may be negatively affected by the outcome of your case. You need a lawyer or attorney that has experience and knowledge in criminal law and procedure, and you need a lawyer that has the time to pay attention to your case. You want a lawyer that has skill at negotiating and tendering a plea so as to preserve your liberty, freedom, and reputation, and a lawyer that is willing and able to successfully bring a matter through trial if a plea is not advisable.
3. Waldstein, Thomas: Massachusetts drunk driving laws are stricter than ever now, due to passage of legislation like Melanie's Law. In short, it is more important than ever to get criminal defense help with a DUI or drunk driving charge. Under the more strict laws, anyone convicted of an OUI, DUI, DWI or other drunk driving offense in Massachusetts will always carry that conviction on his or her criminal record. DUIs and other drunk driving offenses are no longer erased from a criminal record after 10 years. This means that, if you get a DUI 15 years after getting a drunk driving conviction, that second DUI will count as a second DUI instead of a first drunk driving charge. You will be subjected to all the enhanced penalties of a second DUI charge Ñ instead of being treated as a first-time offender.
4. Mass Suspended License Lawyers: DUI, OUI, DWI, 'Drunk Driving' Suspensions If you were arrested for Operating Under the Influence of Liquor (OUI) which is also known as "drunk driving," driving while intoxicated (DWI), or Driving Under the Influence (DUI), Contact a lawyer immediately. As a result of harsh Massachusetts Drunk Driving Laws, a person convicted on a first offense for a Massachusetts DUI may now face a maximum two-and-a-half year jail term, $5,000 fine, and one-year loss of his or her license. Many otherwise law-abiding residents of the Commonwealth face drunk driving arrests every year. Anyone arrested for drunk driving needs an experienced Massachusetts OUI defense lawyer to ensure that their rights are preserved and to vigorously defend them against the charges. Contact a Registry Lawyer for help. It costs absolutely nothing to have us review your DUI case. Here are the Massachusetts License Revocation Penalties for Operating Under the Influence (OUI): * For a 1st offense Massachusetts DUI, your license will be revoked for a period of one (1) Year, unless you get a 1st offender 24D Disposition. You can apply for a hardship license for work or education after serving 90 days. You can apply for a general hardship after serving 6 months of the suspension. * For a 2nd offense Massachusetts DUI, your license will be revoked for a period of two (2) years. If your 1st Massachusetts DUI offense was more than 10 years ago, you may qualify for a 1st offender "second chance" disposition. On a 2 year license suspension for DUI, you are eligible to apply for a work / education Hardship License after serving one (1) year and a general hardship license after serving 18 months. * For a 3rd offense Massachusetts DUI, your license will be revoked for 8 years. Generally, you must serve at least 2 years before you can apply for a Hardship License for work or education. You must wait 4 years before you can apply for a general hardship license. * For a 4th Offense Massachusetts DUI, your license will be revoked for 10 years. You are eligible to apply for a work / education hardship license after serving 5 years. You must serve 8 years before you can apply for a general hardship license. * For a 5th offense, your license will be revoked for life. There is no provision in the law to obtain a hardship license and the Registry of Motor Vehicles will NOT grant you one. However, you MAY be able to get a hardship license by going through the Board of Appeals. When counting Massachusetts DUI offenses, it usually does not matter how old they are. Under Melanie's Law, there is a lifetime look-back period. Also, if the Massachusetts RMV is aware of out of state convictions or alcohol program assignments, those out of state OUI charges will also count against you. The law requires the Registry to treat out of state motor vehicle offenses as if they had occurred in Massachusetts. If your Massachusetts License was suspended or revoked because of a drunk driving arrest, there is no automatic entitlement to a hardship license. The Registry of Motor Vehicles and Board of Appeal have complete discretion regarding the issuance of hardship licenses. This is why it is important to be represented by a qualified lawyer.
5. Dawley, Stephen: A criminal case usually begins by complaint or indictment. In some cases an individual is entitled to a hearing before a clerk to determine whether there is a sufficient basis for the issuance of a complaint. At the arraignment an initial plea is entered and, depending on the seriousness of the charge and the defendant's record, the judge decides the issue of bail. The court dates subsequent to the arraignment are typically the pre-trial conference date--at which time the prosecution will be required to provide certain information to defense counsel regarding the case--and dates for hearings on motions such as motions to dismiss or motions to suppress evidence. Eventually, if the case proceeds, every defendant must decide whether to enter a plea or to have a trial. If the case is tried a defendant has a Constitutional right to a jury trial but can, in most cases, choose a trial before a judge without a jury if it appears that is a better option. Representation at each stage of a criminal proceeding is of critical importance as uninformed decisions can have serious and irreversible consequences.
6. John LaChance: Driving while intoxicated is a serious charge, especially in Massachusetts where each offense stays on your driving record permanently. Each consecutive DWI / OUI offense carries increasingly substantial fines and more potential jail time than the last. If you have failed a field sobriety test or your blood alcohol level has been recorded by a police breathalyzer as above .08, minimally you will have to deal with a suspended license and attendance of alcohol education classes. Massachusetts authorities frequently offer first-time offenders the opportunity to obtain a work license in exchange for a guilty plea. The opportunity of being allowed to drive to work often sounds tempting to clients but do not be fooled. This guilty plea will stay on your record forever, increasing your fines and potential jail time if you are to re-offend.
7. Eileen Agness: You should consult an attorney for individual advice regarding your own situation.
8. Jesse Cohen: Having the best Massachusetts criminal defense attorney on your case makes a difference, and so does hiring a good criminal lawyer who knows the courts and counties of Massachusetts well.
9. Alan Finkel: Whether you need a lawyer to defend you against drunk driving charges, or to represent you at a real estate closing, it is important to have an attorney with the experience to spot trouble before it is too late. Problems can arise quickly and your lawyer needs to understand where to look to find these problems and deal with them successfully.