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DUI Defense

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DUI Defense Attorney in Bristol County, MA

Providing Effective & Affordable Legal Defense for OUI Charges

What is commonly known as driving under the influence (DUI) is called operating under the influence (OUI) in Massachusetts. This charge implies driving or operating a vehicle while under the influence of intoxicating liquor or other substances that impair one's ability to drive safely. Different terminology to refer to the offense might exist. Still, the gravity of the charge remains consistent across the board—a conviction carries significant penalties and can profoundly impact your personal and professional life. You could face fines, driver’s license suspension, and even jail time.

If you are facing charges for OUI in Bristol County, retain the services of an experienced attorney to help you fight them. At the Law Office of Frank D. Camera and Associates, P.C., our skilled lawyer can provide the strong legal defense you need to seek to avoid the severe consequences of a DUI conviction.

At our firm, we understand that you have much at stake if you have been charged with OUI. Our Bristol County DUI lawyer has the skill, experience, and resources to fight your charges, and we can help you challenge the evidence that the prosecution may use against you. Our attorney has been practicing law for more than 20 years, and we can use all our experience and resources to help you.


Contact our Bristol County OUI attorney today at (877) 444-1098 to discuss your case. We can also be reached via our online form.


What Is Massachusetts OUI Law?

The OUI statute is Massachusetts General Laws c.90 § 24. It prohibits individuals from operating a motor vehicle on public roads while under the influence of intoxicating liquor, marijuana, narcotic drugs, or other intoxicating substances. Additionally, the statute establishes that driving with a blood alcohol concentration (BAC) of 0.08 or greater constitutes a violation.

The law in Massachusetts makes no distinction between DUI and OUI charges; instead, they are interchangeable terms used to refer to the offense of operating a vehicle under the influence of alcohol or drugs.

What Does the Prosecutor Have to Prove in a DUI Case?

In OUI cases, the burden of proof rests squarely on the prosecution's shoulders, necessitating they demonstrate guilt beyond a reasonable doubt. This legal standard is the highest burden of proof in the American justice system. It requires the prosecution to present evidence that is so convincing that there is no reasonable doubt in the minds of the jurors regarding the defendant's guilt.

To meet this burden in a DUI case, the prosecution must establish the following key elements:

  • You operated a motor vehicle: To prove you were driving, the state will have to present evidence that you were behind the wheel of the car at the time of the arrest. If you were in the passenger seat, you cannot be convicted of OUI.
  • You were on a public roadway: The prosecution must establish that you were on a road or in a place the public has a right of access to.
  • You were under the influence or had an unlawful BAC: The prosecution must show that your ability to drive safely was compromised because of alcohol, drugs, or other intoxicating substances or that your blood alcohol concentration (BAC) was 0.08 or greater. The prosecution can present evidence such as field sobriety tests, chemical tests, or witness testimony to demonstrate that you were impaired.

A skilled OUI defense attorney meticulously scrutinizes the prosecution's case, identifying weaknesses and inconsistencies that may cast doubt on the evidence presented. Simultaneously, they leverage the strengths of the defense's case to challenge the prosecution's arguments and advocate for their client's innocence.

What Are the Penalties for an OUI?

In Massachusetts, the penalties for DUI can have significant and far-reaching consequences.

The primary sanctions for a first-time OUI conviction include:

  • A fine of not less than $500 nor more than $5,000
  • Imprisonment for not more than two and a half years
  • Driver's license suspension for one year
  • Completion of an alcohol education class

The penalties for a DUI will increase depending on whether you have prior convictions. If you are convicted of a third DUI, you can face up to 5 years in state prison and a lifetime license suspension. If you are convicted of a fourth DUI, you can face up to 5 years in state prison and a permanent license revocation. You will also have to pay increased fines with each subsequent conviction.

Beyond the direct legal consequences, individuals convicted of OUI may also face other collateral consequences that can have lasting effects. A criminal record can adversely affect various aspects of one's life, including employment opportunities, professional licenses, educational pursuits, and housing options. Moreover, the stigma associated with a DUI conviction can strain personal relationships and tarnish one's reputation within the community.

What Are the Penalties for a Super Drunk Offense in Massachusetts?

If you are charged with a super drunk offense, you can face even harsher penalties. A super drunk offense is charged when you have a blood alcohol concentration (BAC) of .20 or greater. If you are convicted, you can face even steeper fines and jail time. You can also face increased driver’s license suspension periods.

Understanding Your Rights in a DUI Case

When facing a DUI charge, it's important to understand your rights and options. Our experienced Bristol County DUI attorney can provide you with the legal guidance and representation you need to navigate through the complexities of your case.

Some key points to consider in a DUI case include:

  • Your right to remain silent and not incriminate yourself
  • The potential consequences of refusing a breathalyzer test
  • The importance of seeking legal counsel before speaking to law enforcement
  • Possible defenses that can be used to challenge the DUI charge

By understanding your rights and the legal process, you can make informed decisions and work towards the best possible outcome for your case. Contact our Fall River DUI attorney today to schedule a consultation and discuss your legal options.

How Can You Fight a DUI Charge?

Facing an OUI charge can be daunting. Still, you have options for contesting the accusations against you.

Defense strategies include the following:

  • Challenging the lawfulness of the traffic stop or arrest
  • Disputing the accuracy of chemical test results
  • Questioning the arresting officer’s observations of impairment

An experienced DUI defense attorney understands the nuances of the law and the tactics and procedures used by law enforcement officials and prosecutors. They can identify weaknesses in the prosecution's case, leverage legal precedents, and develop a tailored defense strategy to protect your interests.

Contact Our Team Today

If you have been charged with DUI, you need to take the matter seriously. You could face a lifetime driver’s license suspension, fines, and jail time if convicted. Hire an OUI lawyer to help you fight your charges. At the Law Office of Frank D. Camera and Associates, P.C., we provide aggressive advocacy and personalized attention throughout the legal process.


To schedule a consultation with our Bristol County DUI lawyer, fill out our online form or call us at (877) 444-1098.


 

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When You've Been Accused of a Serious Crime, Turn to the Law Office of Frank D. Camera and Associates, P.C. Contact Us Today
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