Woburn DUI Lawyers
Giving You the Legal Support You Need to Win Your Drunk Driving Case
In Massachusetts we call the offense OUI, which stands for “operating under the influence” of alcohol. But the term is interchangeable and synonymous with DUI or DWI. OUI is a complicated area of the law. As DUI lawyers, we understand the law and will work closely with you to determine the best action in your case. Our lawyers have in-depth experience in DUI defense, and we do not recommend that you plead guilty. A Massachusetts DUI conviction can significantly affect your personal and professional life.
Even a first-time OUI can result in jail time, probation, steep fines, and your driver’s license being suspended. Additionally, an OUI conviction can result in the loss of a professional license and firearms license.
If you have been charged with OUI or DUI, do not appear in court without a proven, experienced DUI attorney by your side. Contact Contant Law, P.C. today to schedule a free case evaluation so we may review your case and determine what legal options suit your needs.
When Can You Be Charged With a DUI in Massachusetts?
Massachusetts law has strict laws meant to deter motorists from driving under the influence (DUI). In Massachusetts, the terms DUI and OUI (operating under the influence) are used interchangeably.
State law dictates that an individual can be charged with an OUI if they operate a motor vehicle and any of the following legal elements are present:
- The individual has a blood alcohol content (BAC) of .08% or higher; or
- The individual is under the influence of alcohol, stimulants, depressants, controlled substances, or marijuana
An individual may also be charged with OUI even if they are not driving but are found to be over the legal limit. For example, sitting or sleeping in the driver’s seat while the car is running could lead to possible OUI charges.
Due to the legal complexities associated with OUI cases, hiring an experienced attorney who will defend your rights is always best. If you have been arrested for an OUI, contact our Woburn law offices to schedule a meeting with an attorney so we can begin building your defense.
What are the Legal Advantages of Hiring an OUI Lawyer?
Hiring an OUI lawyer immediately is in your best interest if you have been arrested for an OUI. In Massachusetts, an OUI arrest can lead to an automatic driver’s license suspension. One of the most significant advantages of hiring a lawyer is they can help you maneuver the complex legal process involved in OUI defense.
An OUI lawyer has the legal skills to thoroughly analyze the evidence the state has against you, including test results, cruiser mounted dash cameras, and body cam footage. Field sobriety tests are often administered improperly, or the breathalyzer is calibrated incorrectly, leading to inaccurate results.
A lawyer can also determine if the police officer had probable cause to stop you and, if not, argue that your charges should be dismissed. If your case goes to trial, you need a highly trained lawyer who is familiar with court procedures and rules of evidence and who will craft a custom defense strategy on your behalf.
Over the years, our OUI lawyers have demonstrated their ability to obtain favorable results for clients in Woburn District Court and other Massachusetts courts and will work hard to protect your legal rights.
What Happens if I Refuse a Breathalyzer Test?
State law dictates that anyone who refuses a breathalyzer test will have the driver’s license suspended immediately. The individual will be provided a written notice regarding the license suspension. The length of the suspension will depend on the individual’s prior DUI history.
Individuals who have no prior convictions may have their license suspended for 180 days. Subsequent convictions include:
- One prior DUI offense: A possible three-year suspension
- Two prior DUI offenses: A possible five-year suspension
The driver’s vehicle will also be impounded for 12 hours, while repeat offenders may be required to install an ignition interlock device. However, if a driver refuses a breathalyzer test, it cannot be used against them in court. If you have been arrested and refused a breathalyzer test, you must seek legal representation as soon as possible. Contact Contant Law, P.C., so we can craft a custom legal strategy to protect your rights and freedoms.
How Can Your DUI Lawyers Examine the Evidence in My Case?
At Contant Law P.C., we have proven Woburn criminal defense attorneys with a long, successful track record of helping clients fight OUI charges. Our DUI lawyers have extensive experience building solid defense strategies based on the case’s unique facts.
We will examine the evidence in your case to determine whether the police made mistakes in investigating and collecting evidence. Law enforcement officers often make critical errors when conducting field sobriety tests (FSTs) and administering breathalyzer tests.
For example, when an individual suspected of DUI agrees to submit to FSTs, the results are based on the officer’s perception and whether the driver shows signs of impairment. Often, field sobriety tests can be successfully challenged in court,
After carefully reviewing the evidence, we will determine what can and cannot be used against you at trial. Our criminal defense lawyers will file motions to exclude evidence that was not obtained lawfully and/or motions to dismiss your case under specific circumstances. If winning the case does not seem viable, we will seek to work out a plea deal with the prosecuting attorney.
What are the Criminal Penalties for a DUI?
The criminal penalties imposed for a DUI depend on the facts of the case and if the defendant has any prior convictions.
If an individual pleads or is found guilty of a first-offense DUI, they can be sentenced to not more than 2 and a half years in jail, a fine ranging from $500 to $5,000, and a one-year license suspension. If you qualify, your lawyer may be able to obtain an alternative disposition, which focuses more on treatment and has a significantly shorter loss of license period and the ability to seek a 12-hour hardship license.
A second DUI conviction can result in a defendant being sentenced to a mandatory 30 days in jail, fines between $6,000 and $10,000, a two-year license suspension, and a 2-year mandatory interlock ignition device installed at your own expense.
Penalties for subsequent convictions increase; for example, a third DUI is charged as a felony. If convicted of a fifth DUI, an individual could be sentenced to two and half years in jail or up to five years in state prison, with fines ranging from $2,000 to $50,000, license revoked for life with no opportunity to obtain a hardship license.
The best way to avoid a potential DUI conviction is to hire a criminal defense attorney to help you with your legal matters. Our legal team will work to obtain the best possible outcome for your charges and protect your driver’s license.
What Makes Your Woburn DUI Attorneys the Right Choice to Help Me With My Case?
Contant Law, P.C. is a law firm that understands sometimes good people make poor choices. Our DUI attorneys and legal team never make judgments and work tirelessly to help you resolve your legal matters.
Our highly trained attorneys can negotiate with the prosecutor to try to have your charges dropped or reduced. We will also work to exclude the results of field sobriety and breathalyzer tests. If we cannot have your charges dropped, we will work with the state to obtain a fair plea deal.
If you have been arrested for driving under the influence, contact Contant Law, P.C. today at (617) 221-8221 and ask to schedule a free no-obligation consultation to learn more about how we can help.