Boston OUI Attorney

Representing Clients Accused Of Drunk Driving

In the state of Massachusetts, operating under the influence (OUI), sometimes referred to as DUI, is considered a very serious charge. A conviction for this crime can lead to devastating consequences. With the help of a qualified OUI attorney in Suffolk County, you may be able to avoid a conviction and any additional severe consequences. At Toland Law, LLC, our skilled lawyers have successfully defended many clients who have been charged with driving under the influence and operating under the influence and are ready to fight for your freedom. Our law firm has a reputation in the community for being knowledgeable about these criminal matters and we have been asked many questions in the past.

Here are some of the most common questions we have been asked about OUI laws in Massachusetts:

• What are the penalties for an OUI in Boston?
• What happens if you refuse a breathalyzer test?
• What happens if you fail a breathalyzer test?

 

What Are The Penalties For An OUI In Boston?

When you are charged with driving under the influence or operating under the influence in this city, there is a multitude of penalties you may face. These penalties vary depending on several factors include if this is your first offense or not.

Here are some of the penalties you may face:

• First-offense OUI – In addition to a criminal record, you could lose your driver’s license for between 45-90 days, be imprisoned for up to 2.5 years, pay between $500-$5000 in fines, and be required to attend an alcohol awareness program.
• Second offense OUI – The stakes are higher at this level and you will have a mandatory minimum 30-day jail sentence, with the maximum being 2.5 years in prison, pay between $600-$10,000 in fines, and your driving privileges will be gone.
• Third offense OUI or greater –You will have to pay between $1,000-$15,000 in fines and have a minimum of 150 days in jail. A fourth conviction is an automatic felony and you will face a minimum of one year in prison and will lose your right to vote and own a gun.

In addition to the legal consequences you will face, you may also have to face the following consequences:

• Once your license is reinstated, you may have to pay thousands of dollars in high-risk insurance premiums.
• You may be forced to rely on public transportation, ridesharing, or even the help of friends and family just to get around.
• You may lose your current job or not be able to accept positions that require you to drive.
• You will have a criminal record that will show up when you apply for jobs, housing, etc.

Your best bet at avoiding these consequences is to employ a top OUI lawyer from the skilled legal team at Toland Law, LLC.

What Happens If You Refuse A Breathalyzer Test?

If you refuse a breathalyzer, your driver’s license will be automatically suspended, and your car will be impounded for 12 hours. How long your license is suspended is dependent on your age and if you have any prior OUI convictions on your criminal record.

If you refuse a breathalyzer and are 21 and older, your license may be suspended for the following time periods:

• No OUIs on your record – 180 days
• 1 OUI on your record – 3 years
• 2 OUIs on your record – 5 years
• 3 OUIs on your record – Permanently suspended

If you refuse a breathalyzer and are between the ages of 18-21, the penalties are much more severe. It should be noted that if this is your first offense and you attend an alcohol education program, a 180-day suspension can potentially be waived. Here are the time periods that your license may be suspended for:

• No OUIs on your record – 3 years plus 180 days
• 1 OUI on your record – 3 years plus 180 days
• 2 OUIs on your record – 5 years plus 180 days
• 3 OUIs on your record – Permanently suspended

If you refuse a breathalyzer and are younger than 18, your license may be suspended for the following time periods:

• No OUIs on your record – 3 years plus 1 year
• 1 OUI on your record – 3 years plus 1 year
• 2 OUIs on your record – 5 years plus 1 year
• 3 OUIs on your record – Permanently suspended

What Happens If You Fail A Breathalyzer Test?

It is very important to understand that if you fail a breathalyzer test, you are not automatically guilty. This is because is very common for these machines to experience technical difficulties, thus providing false and inaccurate readings.

With the right OUI attorney on your side, you may be able to fight these tests by questioning the credibility and accuracy of these tests. At Toland Law, LLC, we know exactly how to protect your constitutional rights and can even employ expert witnesses to question these tests if needed.

Our defense attorneys have extensively researched how these tests function and if necessary, we can file motions to have these breathalyzer test results suppressed and unable to be used in court.

Speak With One Of The Best OUI Law Firms In Boston, MA

If you have been charged with operating or driving under the influence, you need to speak with an experienced criminal defense lawyer as soon as possible. At Toland Law, LLC, our OUI law firm is known throughout the legal community for getting our clients the best results possible for their cases.Our award-winning drunk driving lawyers will do whatever it takes to protect your rights and keep your driving privileges intact.

We will challenge every piece of evidence and craft a defense strategy that will keep your freedom in mind.

To learn more about your legal options and how the accomplished attorneys of Toland Law, LLC can fight for you, schedule a consultation with our office. You can reach us by phone at (781) 819-3647 or fill out the contact form on our website and we will reach out to you in a timely manner.