OUI First Offense – Chelmsford / Lowell Defense Attorney
- Were you arrested for an OUI?
- Did the officer have reasonable suspicion to pull you over?
- Did he conduct the field sobriety test properly?
- Were your chemical test results tainted?
Our experience suggests few DUI arrests are 100% perfect – officers make mistakes, a breathalyzer doesn’t work, or blood samples are mishandled. As a result, we aggressively challenge these types of cases in court.
Attorney Oberhauser Is The Only Massachusetts Certified ACS-CHAL Forensic Lawyer-Scientist!
Attorney Oberhauser has taken over 140 hours of classroom work and passed a written test that allows him to be the only certified “ACS-CHAL Forensic Lawyer-Scientist” in Massachusetts as defined by the American Chemical Society, the largest association of scientists, scholars and lawyers in the America.
He has an established, proven track record of winning acquittals for our clients. Yet even the best legal defense does not minimize the seriousness of the charges—even for a first offense.
In Massachusetts, an OUI first offense can result in the suspension of your driver’s license, expensive fines, and jail. Additionally, depending on the specifics of your case, you may be required to attend an alcohol education program and install an ignition interlock device on your car. Unfortunately, the consequences of an OUI don’t end there. Insurance companies regularly collect information regarding drunk driving arrests and convictions. As a result, your insurance premiums will increase — you could even be required to purchase even more expensive SR-22 insurance.
OUI Defense – Penalties for First Offenses
While each case is different, in general, the following penalties apply to first time convictions in the state of Massachusetts:
- Fines anywhere from $500 to $5,000
- Suspension of your driver’s license for 1 year
- Potential jail term of up to 2 1/2 years
- Purchase of SR-22 insurance
- Installation of an ignition interlock device in order to drive on an occupational license
There are situations when the penalties for even a first time OUI are increased, including:
- When your blood alcohol content (BAC) is .20 or higher
- If a minor is in your car at the time of your arrest
- If you were involved in an accident at the time of your arrest
- If your OUI involved injuries to another person
Depending on the circumstances of your case, you may be eligible to participate in Massachusetts’ alternative disposition process. Alternative disposition involves a plea bargain that results in mandatory alcohol education and the temporary suspension of your license. This allows first-time offenders to avoid more serious penalties. In many cases, a Continuance without Finding (CWOF) can be requested and processed in a relatively short period of time.
If your charge did not involve an accident, injuries, or other criminal charges, then the court will likely grant a CWOF. If granted, you will likely be sentenced to one year probation, be required to an alcohol education program, and have your license suspended between 45 and 90 days. Afterwards, you should be eligible for a hardship license.
Review the Mass.gov guide: Massachusetts law about drunk driving
If This is Your 1st OUI Offense, You Need Oberhauser Law
An OUI conviction in Massachusetts is a serious matter. Even if your sentence doesn’t involve jail time, a license suspension alone can create significant complications. Driving to and from work, the store, and running everyday errands suddenly becomes impossible. Even if you obtain a hardship license, you are limited to driving only 12 hours each day for essential excursions, such as work, school, or medical appointments.
Additionally, there may be problems with the reliability of DUI tests such as a breathalyzer, blood, or urine test used in your case. Attorney Oberhauser is certified in field sobriety testing and breathalyzer analysis. He will use these specialized skills to discredit the evidence in the case against you. For these and other reasons, you need to talk to an experienced lawyer who can explain the options available to you. To schedule a free consultation and discuss your case, contact criminal defense attorney Greg Oberhauser today