Framingham OUI Lawyer
Arrested for Drunk Driving in the Greater Boston Area? Call Attorney Robert Cerra.
Being arrested for operating under the influence (OUI) in Massachusetts can leave you worried about what a conviction may mean for your future. You could be at risk of serving jail time, paying significant fines, and losing driving privileges. Who can you turn to at such a critical time? Make Law Office of Robert Cerra your first call.
Framingham OUI lawyer Robert Cerra brings a unique blend of experience to the table, having worked for decades with the Massachusetts State Police. He knows the tactics of law enforcement and prosecutors, which allows him to pick apart their arguments and highlight procedural errors and rights violations. To find out how Attorney Robert Cerra may be able to help you, schedule a free consultation.
Facing OUI Charges? We Can Help!
An OUI conviction can have serious consequences. Let us fight for you. Call (508) 290-6365 now or contact us for a free consultation!
Defining OUI in Massachusetts
Massachusetts defines OUI as operating a vehicle with a blood-alcohol concentration over 0.08% or under the influence of drugs. It is essentially the same offense as driving under the influence (DUI) in many other states. It is important to note that those under 21 are subject to the state's zero-tolerance policy. Driving with any measurable BAC can result in a criminal charge for OUI.
Penalties for OUI Convictions
The penalties for OUI convictions depend on whether you have previous OUI offenses and if anyone was hurt or even killed as a result of your behavior.
Penalties often include the following:
- First offense - Up to 2.5 years of imprisonment; $500-$5,000 fine; one-year license suspension
- Second offense - Mandatory minimum of 30 days of imprisonment; up to two and half years of total imprisonment; $600-$10,000 fine; two-year license suspension
- Third offense – Mandatory minimum of 150 days of imprisonment; up to five years total imprisonment; $1,000-$15,000 fine; eight-year license suspension
- Fourth offense – Mandatory minimum of one year of imprisonment; up to five years total imprisonment; $1,500-$25,000 fine; 10-year license suspension
- Fifth offense – Mandatory minimum of two years of imprisonment; up to five years total imprisonment; $2,000-$50,000 fine; lifetime license suspension
Enhanced Penalties for Serious OUI Offenses
Certain aggravating factors can increase the penalties for an OUI conviction, from endangering a child to causing serious bodily injury. These offenses may be classified as felonies and carry even more severe consequences.
24D Disposition
If you are a first-time offender without a criminal record, the state’s court may grant you a 24D disposition. This means that your OUI charge will be continued without a finding for one year. If you fulfill certain conditions, such as attending an alcohol education program, the case against you may be dismissed after the one-year period.
Do You Have to Consent to a Chemical Test in Massachusetts?
By driving a motor vehicle on Massachusetts roadways, you automatically consent to chemical testing to determine BAC. This is known as “implied consent.” You can technically refuse a test, but you will face consequences. The arresting office will take your license and impound your car. If this is your first OUI, the suspension period will be for 180 days. The period increases if you have one or more previous OUI convictions.
You can contest a suspension within 15 days of refusing an OUI test.
The state allows you to argue the following:
- The officer did not have grounds to arrest you;
- The office did not actually arrest you;
- Or you did not technically deny the test.
Enlisting the help of an attorney is essential to make your case before the Registry of Motor Vehicles (RMV).
Our Core Values
Committed to Integrity, Service,
& Justice for All
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Relentless Advocacy for Those Who ServeFrom VA claims to record corrections, Attorney Cerra combines his service-driven past with legal expertise to deliver the results you need.
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Experienced in Service, Driven by JusticeRobert Cerra’s military and first responder background fuels his passion for fighting tirelessly for Veterans and first responders navigating legal challenges.
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Former First Responder, Proven AdvocateAs a former law enforcement officer, Attorney Cerra brings a unique perspective and unmatched commitment to serving those who’ve served.
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Veteran Supporting VeteransWith firsthand military experience, Attorney Robert Cerra understands the challenges Veterans face and is dedicated to securing the benefits they deserve.
Possible Defenses Against OUI
While you might feel like your fate is sealed in your OUI case, this is not necessarily true. Many defenses may be at your disposal; you only need to work with a criminal defense lawyer who can identify and pursue them. Attorney Cerra is just that.
Leaning on his unmatched experience, he can thoroughly assess your case and the circumstances of the arrest and then craft a defense strategy to protect your right to drive and combat the prosecutor’s claims.
Some specific defenses he might argue include, but are not limited to:
- The officer lacked probable cause to stop you
- The office improperly conducted a field sobriety test
- The BAC results were incorrect or mishandled
- The officer violated your rights during the testing and arrest process
- You were not, in fact, over the legal limit
- You were not read your Miranda Rights
Your rights and well-being are Attorney Cerra’s priority. He is prepared to protect you, doing whatever it takes to safeguard your rights and future. Learn about your defense options in a free consultation.
Frequently Asked Questions (FAQ) About OUI in Massachusetts
Can I be charged with OUI if I wasn’t driving but was sitting in my car?
- Yes. In Massachusetts, you can be charged with OUI if you are in "actual physical control" of the vehicle. This means you don’t have to be driving—if the keys are in the ignition or the engine is running, you could still face charges.
Will my OUI show up on a background check?
- Yes. An OUI conviction will appear on a criminal background check, which can affect job applications, housing opportunities, and even travel to certain countries. However, in some cases, an attorney may be able to help you seal your record.
Can I refuse a field sobriety test?
- Yes, you can legally refuse a field sobriety test in Massachusetts. These tests are subjective, and failing them can be used against you in court. However, refusing may still lead to an arrest if the officer believes there is enough other evidence of impairment.
How long does an OUI conviction stay on my record?
- An OUI conviction stays on your criminal record permanently in Massachusetts. However, a first-time offense may be eligible for sealing after a certain number of years if you meet specific legal requirements.
What happens if I was arrested for OUI while driving a commercial vehicle?
If you have a Commercial Driver’s License (CDL), the penalties for OUI are much harsher. Even a first-time offense can result in a one-year CDL suspension, and a second offense could lead to a lifetime ban from holding a CDL.
What are my options for fighting a traffic ticket in Massachusetts?
- If you receive a traffic ticket, you can either pay the fine or contest it in court. Paying the fine is an admission of guilt and may result in points on your driving record and increased insurance rates. If you choose to fight the ticket, you can request a hearing before a magistrate to challenge the citation. An experienced traffic ticket attorney can help present evidence, question the officer’s account, and potentially get the ticket reduced or dismissed.
What are the potential penalties for a felony assault conviction?
- Felony assault charges carry serious consequences, including substantial fines, probation, and significant prison time. The penalties depend on factors such as the severity of the injuries, whether a weapon was involved, and the defendant’s criminal history. A strong legal defense can help reduce charges, negotiate lesser penalties, or even get the case dismissed based on lack of evidence or self-defense claims.
Can a shoplifting charge be reduced or dismissed in court?
- Yes, depending on the circumstances. First-time offenders may be eligible for diversion programs or community service instead of a conviction. If the evidence is weak, an attorney can challenge the prosecution’s case, leading to reduced charges or dismissal. Even if convicted, negotiating for lesser penalties or alternative sentencing may help minimize long-term consequences.
Arrested for OUI? Take Action Now!
Don’t let an OUI charge ruin your future. Our experienced attorney can fight for your rights and help you navigate the legal process. Call (508) 290-6365 today or contact us online for a free consultation!