If you live in Massachusetts, were vacationing or visiting there, or were just passing through the state to another destination and you were stopped and issued a DWI (driving while intoxicated) or DUI (driving under the influence), you will need the services of a Massachusetts lawyer. A Massachusetts lawyer who specializes in DWI and DUI laws will be able to sort through the maze of paperwork and handle your case for you in court.

A DWI or DUI charge is a serious offense and is not taken lightly by the court system. In Massachusetts, the offense is also known as an OUI (operating under the influence). In the State of Massachusetts, there is also something called a “per se” charge. A per se charge needs no evidence of impairment; it only needs the measurement of your blood alcohol concentration (BAC) to be 0.08 or above.

You need to immediately file a challenge to your case or you could automatically lose your driver’s license without a hearing.

As with many states, if you receive a DWI or DUI or OUI charge in Massachusetts, the charge is actually two-fold. There is the criminal charge which you deal with in the court system, and there is the civil, or administrative, charge which you have to handle through the Massachusetts Department of Motor Vehicles (DMV). The Massachusetts DMV is able to make additional recommendations about suspending or revoking your driver’s license.

The criminal side of your OUI offense could culminate in jail time, monetary fines, and community service. The penalties in Massachusetts have gotten harsher since the 2005 introduction of Melanie’s Law. Melanie’s Law established a new law: Operating Under the Influence of Alcohol While Already Suspended. If your driver’s license has been suspended for an OUI and you are found driving intoxicated again, you will be charged with two crimes: an OUI and an OUI driving while suspended. Melanie’s Law also contains provisions for punishments to anyone who allows an unauthorized driver to drive a motor vehicle such as friends and family who are not licensed.

You need to find and hire a capable Massachusetts lawyer to help defend you. An OUI conviction can carry severe penalties. The laws and regulations regarding an OUI crime are constantly changing. An experienced Massachusetts lawyer can help give you the best defense available.

A lawyer in the State of Massachusetts will look through every detail of your case and try to find any possible errors or omissions. He or she will stand before a judge and try to sort out the events of your charge as they occurred. Some challenges a knowledgeable Massachusetts lawyer could make to the court are:

• Why were you originally stopped? A police officer has to have a valid reason for stopping your vehicle. He or she has to have reasonable evidence that they believed there was a traffic or other violation occurring.
• If you were given a blood alcohol concentration (BAC) test was the equipment working properly? Was the person who administered the test knowledgeable about how to give it? When was the last time the equipment was serviced?
• If there were videotapes taken either in the squad car or in the booking room, examine them to see if they paint a different picture of your actions as opposed to eyewitness accounts given or the officer’s statement.
• You have a right to a speedy trial. If your trial date is not set within a certain specified period of time, all charges must be dismissed.

It is completely in your best interests to hire a lawyer licensed in Massachusetts and experienced in DUI and OUI laws. The laws and regulations are complicated and complex. You will need help to navigate through the system and try to arrive at the best possible outcome for your situation.

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