Unfortunately, there is no single surefire way to have the charges reduced or dropped in your OUI case. However, there are a few steps that you can take to mitigate the consequences of these charges.
First, you will want to reach out to an experienced OUI attorney, like Joseph D. Bernard, to handle your case. With a skilled team on your side, you have a better chance of getting out of an OUI charge in Massachusetts.
Your First Steps Will Have Future Implications
When confronted with an OUI charge in Massachusetts, your immediate steps can influence your case’s path.
Once you have been arrested, you need to contact an experienced attorney. With help from a reputable legal team, you can learn more about the charges against you. Plus, they can assist with helping you take the next course of action in the case.
These professionals will be your champion in the courtroom, constructing a strong defense on your behalf.
Knowing your rights is another part of the process. You have the right to be silent. Remember that any statements made to the police may be used against you in court. You can politely decline to answer any questions without an attorney present.
In Massachusetts, declining a breathalyzer test may result in suspending a driver’s license under implied consent laws. If you take this test or another field sobriety test, there could be compelling reasons to dispute the test’s precision.
Deciphering OUI Laws in Massachusetts
In Massachusetts, the permissible limit for blood alcohol content (BAC) is 0.08% for individuals aged 21 and above. For drivers under 21, the threshold is lower at 0.02%. If you surpass these limits, that can trigger an OUI charge.
Massachusetts enforces strict penalties for OUI convictions. You may face:
- License suspension
- Jail time
- Mandatory alcohol education programs
Additionally, if certain aggravating factors exist, such as prior OUI convictions, accidents resulting in injuries, or elevated BAC levels, you could face more or elevated charges.
Constructing Your Defense
A formidable defense can increase your chances of reaching a favorable outcome in your OUI case.
The first step is analyzing and collecting any evidence. Your attorney will assist you in this process. During this time, the legal team will request police reports, gather witness testimonies, and obtain any accessible surveillance footage related to the case.
Sometimes, field sobriety tests and breathalyzer results can be contested. Your attorney might question these tests’ validity, especially if they were conducted improperly or under dubious conditions. Disputing the accuracy of breathalyzer results is a common defense tactic.
However, that is not the only defense you may use in your case. Your attorney could:
- Argue that the traffic stop lacked probable cause
- Challenge the validity of the evidence
- Present proof that a medical condition or medication influenced your sobriety
Get Legal Assistance for Your Case
How do I get out of an oui charge in Massachusetts? Every case is unique. You will want to consult a legal professional with experience handling OUI charges in Massachusetts. For over 50 years, the Law Offices of Joseph D. Bernard P.C. has helped thousands of clients resolve their OUI cases. We provide legal defense services to the Springfield, Hyannis, Belchertown, and Cape Cod communities. Contact us by calling (413)-731-9995 or texting (413)-225-2072 to schedule a free initial consultation.