Operating Under the Influence / OUI Defense

While it is not illegal, if age 21 or over, to consume alcohol and then drive in Massachusetts, it is against the law to drive impaired. Unfortunately, it is a guessing game as to how much you can drink and not be impaired thereby still legally able drive. If you are stopped while driving and a police officer forms the opinion that you are impaired, keep in mind “impaired” doesn’t always mean drunk and the officer isn’t required to believe you are drunk, but simply impaired, you may be arrested for operating under the influence.

How Much Can I Drink and Still Drive?

Alcohol effects individuals differently depending on weight, metabolism, and a host of other factors. Massachusetts driving laws are very strict and the consequences of an OUI arrest are significant. Our advice is to end the guessing, if you are planning on having any amount of alcohol to drink make arrangements for your transportation and do not drive.

I Was Arrested and Released From the Police Station What Can I Expect?

In Massachusetts in order to prove a case of OUI/DUI against you the Commonwealth must prove three things beyond a reasonable doubt:

1. that you operated a vehicle
2. on a public way or an area where the public has a right to access, such as a shopping center parking lot, and
3. you were under the influence of intoxicating liquor while operating a motor vehicle.

The prosecutor does not have to prove you were drunk but they must prove your ability to drive was impaired, you were “under the influence,” by alcohol or drugs. It is clearly in your best interests to have an experienced criminal defense attorney carefully analyze whether the Commonwealth can prove all three elements beyond a reasonable doubt or whether a favorable resolution can be negotiated immediately.

If you or family members are facing criminal charges it is in your best interests to immediately consult with an experienced OUI, DUI, criminal defense attorney. Many clients charged with this offense have never been arrested and charged with a criminal offense before. When you or a loved one is arrested for operating under the influence it is a scary and confusing time. There are many variables in the defense of a DUI or OUI, mainly because the charge is based on the opinion of a police officer or the results of a breathalyzer.

Attorney O’Malley will sit with you and analyze your case, determine if your constitutional rights were violated and discuss your options. Consulting an attorney at the earliest possible stage is critical because an OUI can have a significant impact on your future, from fines to possible jail time. Even if you obtain a continuance without a finding for a first offense, should you ever be arrested again for this charge the penalties are harsh. Therefore, you should look at every avenue available to you to get the charges dismissed or if your attorney deems appropriate to take the case to trial and seek a Not Guilty. Read our victory page and call Attorney O’Malley today to find out how your case should be handled to mitigate and minimize consequences to you or a loved one’s future.

Attorney Stephen O’Malley has successfully handled hundreds of cases involving drunk driving arrests. Attorney O’Malley has often been able to find unexpected weaknesses in the Commonwealth’s case: Whether that the stop was unconstitutional; the field tests were improperly given; the breathalyzer tests were improperly given and thus, excluded from evidence; or the jury decides that the officer’s opinion was wrong, these cases have ended in a dismissal or Not Guilty for his clients. The Commonwealth prosecutes these case to the fullest and has the vast resources of the State of Massachusetts, the police, and the District Attorney.

In the past several years the legislature has made it harder to avoid being prosecuted and changes in the law provides harsher sanctions like automatic pre-trial license suspensions, enhanced penalties for drivers under 21, and minimum mandatory sentences.

At the very least you owe it to yourself and your loved ones to have strength in your corner, someone forceful on your side, and someone to get you the best result. Experience, Hard Work, On Your Side. Look at our OUI/DUI VICTORIES and judge for yourself. Call Attorney O’Malley today. The call is free and there is no obligation.