Massachusetts DWI / DUI Lawyer

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Drinking and driving is no laughing matter. It is a serious crime that has harsh and severe consequences, especially in Massachusetts. If you have recently been arrested for a DWI (driving while intoxicated) or DUI (driving under the influence) offense, you will need the services of a Massachusetts lawyer who specializes in DWI and DUI cases. A specialized lawyer will know the laws specific to the state, and will be able to sort through the maze of paperwork and defend your case in court.

A DWI or DUI charge is a serious offense, one not taken lightly by the court system. In Massachusetts, the offense is also known as an OUI (operating under the influence). In 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. Every state in the U.S. follows the per se law.

You need to immediately file a challenge to your case or you could automatically lose your driver's license without a hearing. This is another reason why you should contact a specialized DUI lawyer or attorney as soon as possible.

As with many states, if you receive a DWI, 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 that someone caught driving under the influence with a suspended license from an earlier DUI offense 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 in your best interest to hire a lawyer licensed in Massachusetts and experienced in DUI and OUI laws. The laws and regulations are complicated and complex, and vary from state to state. 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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