At Nate Amendola Defense, our Barnstable OUI attorney is an experienced, reliable advocate for clients. You do not have to take on prosecutors alone. We stand head and shoulders above the average criminal defense law firm.
If you or your family member was arrested and charged with intoxicated driving, we are more than ready to help. To set up your completely confidential consultation with a top Barnstable criminal defense lawyer, please contact us today.
Intoxicated Driving Charges in Massachusetts: Operating Under the Influence (OUI)
Under Massachusetts law (Mass. General Laws c.90 § 24), it is unlawful to operate a motor vehicle while under the influence of drugs or alcohol. In the Commonwealth, the criminal charge is known as Operating Under the Influence (OUI), which encompasses both alcohol and drug charges. There is no legal distinction between an OUI and a DUI in Massachusetts. A DUI is simply a more common term used to refer to an OUI.
The maximum legal blood alcohol concentration (BAC) for drivers in Massachusetts is 0.08. For commercial drivers it is lower (0.04). It is also lower for underage drivers (0.02). A motorist can be arrested and charged with an OUI on the grounds of drugged driving. Drugged driving is the operation of a vehicle while unlawfully impaired by a controlled substance.
For a free legal consultation with an operating under the influence (oui) lawyer serving Barnstable, call (781) 740-0800
An Overview of Penalties for an OUI in Barnstable, Massachusetts
What are the penalties for drunk driving or drugged driving in Massachusetts? It depends on a number of different case-specific factors. That being said, the primary factor is a defendant’s previous history of OUI offenses—or their lack thereof. Here is an overview of the potential OUI penalties for an intoxicated driving charge in Barnstable:
- First Offense OUI: In Massachusetts, a first-time OUI is a misdemeanor offense. It carries maximum penalties of a $5,000 fine, one year license suspension, and up to 30 days in a house of correction.
- Second Offense OUI: A second-time DUI offense is also a misdemeanor. It can carry a $6,000 fine, two year license suspension, and up to three months in a house of correction, with a 30 day minimum mandatory sentence.
- Third Offense OUI: A third-time OUI offense is a felony. It carries a maximum of a $15,000 fine, a maximum license suspension of up to 8 years, 150 days mandatory minimum in a house of correction and up to 5 years in state prison.
- Fourth Offense OUI: A fourth-time OUI offense is also a felony. The offender will face $25,000 in fines, a ten year license suspension, and one to five years in state prison.
To be clear, other factors can also have an impact on OUI penalties in Massachusetts. If another “aggravating factor” is present in the case—such as if the intoxicated driver is accused of causing a crash that results in a substantial bodily injury―prosecutors can pursue more serious criminal charges that carry more severe penalties.
Barnstable Operating Under the Influence (OUI) Lawyer Near Me (781) 740-0800
First-Time OUI/DUI Offenders May Be Eligible for Alternative Disposition
A first-time OUI arrest may be your first brush with the criminal system. While a first-time OUI can carry jail time, there is a specialized option under Massachusetts for first time offenders. Under Mass. Gen. Laws ch. 90, § 24D, a first-time offender may be eligible for an alternative disposition. You may hear this type of option referred to as the “24D Program” or “24D Disposition.” It aims to provide education and rehabilitation to first-time offenders, rather than imposing harsh penalties.
Eligible participants may be required to complete an alcohol education program, attend counseling sessions, or participate in substance abuse treatment, depending on the individual’s needs. By participating in the 24D Program, first-time offenders may be able to avoid more severe consequences, such as lengthy license suspensions, jail time, and hefty fines. To be clear, eligibility for the 24D Program is not automatic. If you are a first-time intoxicated driving offender, our Barnstable OUI lawyer can help you navigate all available legal options.
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We Take a Holistic Approach to OUI Defense in Barnstable County
Every case is different. Nate Amendola takes a proactive and holistic approach to OUI charges in Barnstable. We understand that an arrest can have far-reaching consequences for our clients. We are prepared to protect your rights and your future. Our process begins with a thorough evaluation of the case, including the circumstances leading up to the arrest, the arrest itself, and any subsequent testing or evidence.
We always work closely with our clients to understand their individual needs and goals. Our OUI lawyer in Barnstable recognizes that a charge can impact not only our clients’ legal and financial situations but also their personal and professional lives. Ultimately, our goal is to achieve the best possible outcome for our clients, whether that means negotiating a plea agreement, obtaining a dismissal or acquittal, or minimizing the penalties associated with an OUI conviction.
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Accused of Drunk Driving or Drugged Driving?
If you find yourself pulled over for and/or arrested for drunk or drugged driving in Barnstable, there are some common mistakes that you should avoid. Doing so can significantly impact the outcome of your case. Here are three key mistakes that you should be aware of:
- Admitting Guilt or Otherwise Making Incriminating Statements: It is crucial not to admit guilt or make any statements that may be used against you in court. Exercise your right to remain silent and avoid discussing the details of the incident with anyone other than your attorney.
- Refusing a Breath Test Without Understanding the Consequences: While you have the right to refuse a breathalyzer or blood test, it is important to recognize that doing so can result in automatic license suspension under Massachusetts’ implied consent law. Weigh the potential consequences before making a decision.
- Failing to Hire an Experienced Barnstable OUI Attorney: Navigating the legal system can be complex, and having a skilled OUI attorney in Barnstable on your side can make all the difference. Nate Amendola Defense can help protect your rights, build a strong defense, and potentially minimize the impact on your life.
Frequently Asked Questions (FAQs)
Am I Required to Take a Breathalyzer Test if Pulled Over for OUI in Barnstable?
While you technically can refuse to take a breathalyzer test if pulled over in Barnstable, there are real adverse consequences. As explained by the Massachusetts Registry of Motor Vehicles, the Commonwealth is an “implied consent state.” Under the implied consent law, refusal to take the test can result in an automatic license suspension. For first-time offenders, the suspension period is 180 days. You could also still be prosecuted for an OUI. If you have questions about DUI refusals, please do not hesitate to contact our Barnstable defense lawyer for immediate help.
Do I Have to Take a Field Sobriety Test in Massachusetts?
No. Unlike breathalyzer tests and blood tests, there is no implied consent law for non-chemical sobriety tests. There are some very serious questions about the reliability/accuracy of these tests. You will not face any direct punishment or sanctions for declining to cooperate with a field sobriety test. If you perform poorly on a field sobriety test, that can be used against you in a criminal case.
Will I Lose My Driver’s License If I Am Arrested for an OUI?
An OUI arrest can absolutely lead to the loss of your driver’s license. The length of the suspension depends on factors such as your prior OUI record, your blood alcohol content (BAC), and whether you refused a breathalyzer test. For example, a first-time OUI offense with a BAC below 0.08 percent may result in a 45-day license suspension, while refusing the breathalyzer test could lead to a 180-day suspension. Penalties increase with subsequent offenses or if aggravating factors are present. With a proactive defense, you may be able to save your license. We can help.
Why Rely On Nate Amendola
Were you arrested and charged with an intoxicated driving offense? It is normal to feel stressed, overwhelmed, and worried for your future. As an experienced, relentless, and results-driven criminal defense lawyer, our founder Nate Amendola will go above and beyond to protect your rights and your future. Among other things, our Barnstable OUI attorney is prepared to:
- Listen to what happened and explain your rights and your options;
- Investigate the OUI/DUI charges, including the legality of the stop and the arrest;
- Represent you in any dealings with police and prosecutors; and
- Craft a personalized OUI/DUI defense strategy to help you secure the best outcome.
Contact Our Barnstable OUI Lawyer for Immediate Assistance
At Nate Amendola Defense, our Barnstable OUI lawyer is standing by, ready to fight for your rights and your interests. If you or your loved one is facing an intoxicated driving charge, you need a strong legal advocate on your side. Contact us right away for a completely confidential initial consultation. We provide OUI defense representation throughout Barnstable County, including in Barnstable, Falmouth, Yarmouth, Sandwich, Bourne, and Mashpee.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
