OUI Defense in Massachusetts
Maintaining Dignity While Fighting for Your Rights
Being pulled over by a law enforcement offer for a suspected OUI/DUI can be a frightening and stressful situation for anyone to find themselves in and the situation can get even worse if you are arrested. If you are facing DUI charges in Massachusetts, it is crucial to obtain skilled legal representation as soon as possible to ensure your rights are protected, minimize stigma such and collateral damage such as job loss and unemployment, and resume driving as soon as possible.
Your future is on the line, so do not assume that you have no chance of winning your case or avoiding a lengthy period without a vehicle. The OUI defense team at Lynch & Owens will serve as your legal advocate to help ensure you resolve your case to ensure you are protected with minimal interruption to your family, finances and reputation.
Contact Lynch & Owens in Massachusetts today at (781) 253-2049 to schedule a case review and learn more about what we can do to safeguard your future during this difficult time.
Hardship Licenses and License Recovery for First Time Offenders
In Massachusetts, individuals charged with their first OUI are often eligible for alternative disposition programs that greatly reduce the stigma and collateral consequences of an OUI arrest, such as the loss of your driver’s license. These programs frequently involve the driver agreeing to serve one year of probation and undergo a driver alcohol education course, while agreeing to a license suspension from 45 to 90 days (210 days if the driver is under 21). With a hardship license, however, it may be possible for you to continue driving to work and supporting your family, even during the 45 to 90-day license suspension.
For individuals who must drive to work, the 45 to 90-day loss of their driver’s license can create a cascading effect of job loss and financial difficulties. Such individuals often benefit from obtaining a so-called hardship license:
A Massachusetts hardship license is often referred to as a “Cinderella license” or a “restricted license” and permits a driver to operate a motor vehicle during identical 12 hour periods 7 days a week and is available to OUI first offenders who meet the Registry of Motor Vehicles (RMV) requirements that they demonstrate that they have a real hardship.
Quickly obtaining a hardship license – before employers and medical or educational providers penalize your absence – requires an understanding of how the district court and RMV work, including the legal and administrative steps that must be taken to put a driver back on the road well in advance of the expiration of the minimum 45-day suspension following a first offense OUI.
If you have been arrested for OUI and your first priority is to obtaining a hardship license to ensure you can continue to work and travel, contact our office for a consultation.
Can I Beat My OUI Charge?
People facing OUI charges frequently resign themselves to defeat, but the truth is that with the right legal assistance on your side, it is possible to beat your OUI charge and live a life without a tarnished record that can follow you for years to come.
Below are some of the defenses that can potentially be used to defeat a OUI charge:
- Stop was improper: No matter how much evidence a police officer obtains from a stop, if the reason for pulling you over was improper, it could all be inadmissible in court and you can move past this incident. In order for a stop to be valid, the law enforcement officer must have reasonable suspicion. For example, if you ran a red light and a cop pulled you over, this stop would not be considered improper.
- Protocols were not followed: Law enforcement officers must follow certain protocols when conducting field sobriety tests and, the process is not done properly, the evidence might be inadmissible. For example, it would be unfair to ask a driver to do the heel-toe test if he or she is not wearing appropriate footwear.
- Certain medical conditions: There are some medical conditions that might make a person appear drunk or affect the results of a breathalyzer test. It is also possible for a diabetic’s breath to give off an alcohol-like scent, also known as ketosis. This side effect can cause sober individuals to blow positive results on a breathalyzer test.
- Blood alcohol samples were not properly stored: If the blood test was not done properly or the samples were not stored correctly, these pieces of evidence would likely be thrown out.
These are only a few of the defenses that are possible. As you can see, there is no reason anyone should give up, no matter how the situation might appear to you, so reach out to our Massachusetts attorneys for the skilled help you need.
OUI Attorneys with a Focus on First Offender Diversion Programs
Attorneys James M. Lynch is a former Suffolk County Assistant District Attorney with more than 40 years of experience as a prosecutor, defense attorney and civil attorney. Individuals facing a first time OUI offence frequently turn to Attorney Lynch to obtain a hardship license that enables the individual to drive weeks before they have completed the 45- or 90-day license suspension otherwise required by the RMV.
Attorney Carmela M. Miraglia has more than 20 years’ of experience practicing in district courtrooms on the South Shore and Cape Cod, including OUI and criminal jury trials. Together, Attorney Lynch and Attorney Miraglia provide knowledgeable and effective representation of OUI/DUI clients, with a focus on first offender diversion programs and hardship licenses.
Contact a OUI Defense Attorney in Massachusetts Today!
At Lynch & Owens, our OUI defense team is committed to providing exceptional legal representation for those facing these serious charges. A OUI conviction can have serious ramifications on your life, so it is crucial to do what you can to protect your future and choose a team who will be dedicated to ensuring your rights on not trampled on.
Call our law office today at (781) 253-2049 to request a case review with one of our attorneys.
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