Norwell OUI Defense Attorney

Intoxicated driving is one of the most common criminal charges filed in Massachusetts. Although you may hear this charge referred to as a DWI or DUI, it is technically known as an OUI (operating under the influence) in the Commonwealth. When an individual is suspected of OUI with respect to alcohol, law enforcement must establish probable cause to believe that the person was driving with a blood alcohol content (BAC) of .08 percent or more. Alternatively, a motorist may face an OUI for drugged driving if they are unlawfully impaired by a controlled substance. To obtain conviction for an OUI offense in Plymouth County, prosecutors must prove the following three required things: 

1. The defendant was in control of a motor vehicle; 
2. The defendant was on a public way; and
3. The defendant was unlawfully impaired by alcohol or a controlled substance. 

An Overview of the Penalties for an OUI 

What are the penalties for an OUI conviction in Norwell? It will depend on the specific circumstances of the case. One of key factors is a person’s previous record of intoxication driving convictions—or lack thereof. Here is an overview of the penalties based on prior convictions: 

• First-Time OUI: A first offense is categorized as a misdemeanor. The accused could potentially face up to 30 months in a house of correction, be fined between $500 and $5,000, and have their license suspended for a year. 
• Second-Time OUI: A second OUI charge is still a misdemeanor but carries stiffer penalties. The defendant may serve a minimum of 60 days (with 30 days mandatory) up to 3 months in a house of correction, pay fines ranging from $600 to $6,000, and lose their driving privileges for 2 years. 
• Third-Time OUI: A third offense is elevated to a felony status. The accused faces a minimum of 180 days (150 days mandatory) up to 5 years in state prison, fines ranging from $1,000 to $15,000, and an 8-year license suspension. 
• Fourth-Time OUI: A fourth OUI charge is also a felony. The defendant could serve a minimum of 2 years (with 1 year mandatory) up to 5 years in state prison, face fines between $1,500 and $25,000, and receive a 10-year license suspension. 
• Fifth-Time OUI:A fifth offense, classified as a felony as well, carries the harshest penalties. The defendant could serve a minimum of 30 months (with 24 months mandatory) up to 5 years in state prison, pay fines between $2,000 and $50,000, and lose their license permanently. There is no hardship license option for a fifth-time OUI in Massachusetts. 

You have rights—from the moment of a traffic stop to the end of any criminal trial. It is imperative that police and prosecutors respect your rights every step of the way. Here are the essential things that you need to know about your rights regarding OUI cases in Norwell, Massachusetts:  

• You are Not Required to Take a Field Sobriety Test: Massachusetts law does not compel you to perform roadside sobriety tests. These tests often involve balance, coordination, or memory exercises and may be subject to a police officer’s interpretation. You have the right to refuse them without incurring penalties. A refusal is not proof of guilt. 
• You are Protected Against an Illegal Stop: The Fourth Amendment protects citizens from unwarranted searches and seizures. Notably, this includes traffic stops. An officer must have reasonable suspicion or probable cause to stop you. If the officer cannot justify the initial stop, any evidence obtained from it may be inadmissible in court.
• You Have the Right to Remain Silent: Upon arrest, the Fifth Amendment protects you from self-incrimination. You do not have to answer any questions about your activities or consumption without a Norwell OUI defense lawyer present. It is always best to exercise your right to remain silent. Your silence cannot be used against you in a court of law.

Arrested and charged with operating under the influence in Norwell? You need the right legal counsel. Your license and even your freedom is at stake. Our founding attorney Nate Amendola is a highly regarded, effective criminal defense advocate with experience defending OUI charges. With our Norwell, MA OUI defense lawyer, you will get: 

• Personal Attention: Nate Amendola understands that every case is unique, requiring a personalized approach. He diligently reviews each detail of your case, identifying potential defenses and meticulously preparing for every scenario. You deserve representation from an OUI defense lawyer in Norwell who will put time and resources behind your defense. 
• Proactive Communication: Our law firm believes in transparent and frequent communication with our clients. We always ensure you are kept abreast of all developments in your case, explaining complex legal jargon in layman’s terms. He is available to answer your questions, discuss your concerns, and guide you through the daunting legal process,
• Results-Focused Approach: Your future matters. With a track record of successful case outcomes, Norwell defense Lawyer Nate Amendola’s strategy is squarely centered on results. He uses his extensive knowledge of Massachusetts’ OUI laws, coupled with his sharp litigation skills, to fight relentlessly for the best possible outcome in your case.

At Nate Amendola Defense, our Norwell OUI defense attorney is a relentless, formidable, and solutions-focused advocate for justice. You are not alone. Our firm helps good people facing bad legal situations. If you have any specific questions or concerns about an OUI charge, we are more than ready to help. Call us now or contact us online to set up your fully confidential case review. With a law office in Norwell, we provide OUI defense representation throughout Plymouth County.