How to Avoid Alcohol Related Charges this St. Patrick’s Day

As people and communities throughout the Commonwealth prepare to celebrate St. Patrick’s Day this year, the team at Oberhauser Law wanted to take some time to talk about common alcohol related charges and how you and your loved ones can avoid them during any festivities you may have planned for St. Patty’s Day. The first step to avoiding legal trouble is knowing what the laws are so you don’t break them. Listed below are the most common alcohol related charges … Continued

Homicide By Motor Vehicle While OUI

Vehicular homicide laws in Massachusetts include homicide by operating a vehicle while under the influence of alcohol or drugs (OUI). Defendants in these tragic cases face a wide range of punishments that are possible upon a conviction. The difference in jail or prison time largely depends on how the state charges you, and whether they can prove beyond a reasonable doubt that you were driving under the influence at the time of the car accident. Vehicular Homicide Laws A car … Continued

What Are Your Rights When Police Request a Blood Sample?

Your Rights When Police Draw Blood The U.S. Supreme Court has recently made some important rulings related to OUI investigations and blood draws for blood-alcohol testing. The most important among these is the ruling that law enforcement officers are in violation of your 4th Amendment rights if they draw blood from you without a probable cause warrant, or your consent. What this means for Massachusetts drivers is that before police can order blood drawn from you for OUI BAC testing … Continued

Will My Auto Insurance Cover An Accident From A DUI?

The answer could be no. Massachusetts auto insurance companies are not required to cover the costs for lost wages and medical expenses under the Personal Injury Protection law if the policy member was operating under the influence of alcohol or narcotic drugs. The compulsory PIP insurance is what makes Massachusetts a “no-fault” auto insurance state. It automatically covers policy and family members authorized to drive the vehicle, regardless of fault. Unfortunately, if you contributed to your injuries by OUI, your … Continued

How Much Can I Expect To Pay If I Hire An Attorney For My DUI Case?

The average DUI case in Massachusetts takes from 6 to 12 months to resolve. Attorney fees and associated costs for a DUI (or OUI) case vary even more. Therefore, there is no way to accurately predict how much you’ll pay an attorney without knowing the details of your case. Moreover, attorneys have different billing models. Some use hourly rates while others charge a flat fee that covers specific stages of representation. For instance, an OUI lawyer might charge $4,000 to … Continued

Can I Be Deported for an OUI?

Depending upon where your case is within the immigration statutes, non-citizens can face deportation or denial of other immigration benefits after being convicted for certain OUI (DUI) offenses in Massachusetts and elsewhere.  Simple OUI, Including Repeat OUI is Not a Crime Involving Moral Turpitude The Board of Immigration Appeals has held that simple operating under the influence is a regulatory offense  that involves no culpable mental state requirement. It is not a crime involving moral turpitude.   See, Matter of Lopez-Meza, … Continued