Operating Under the Influence

What is an OUI?

Massachusetts law refers to drunk driving as OUI but it is more commonly referred to as DUI.

You have the right to contest OUI charges. Although field sobriety tests are still employed extensively, the court system has to consider scientific evidence from breathalyzers or blood tests in order to determine the severity of a charge. This means that a person may pass a field sobriety test but still be convicted for being above the legal limit based on blood alcohol level.

In the state of Massachusetts, a blood alcohol content (BAC) of 0.08% is generally considered grounds for arrest. However, the percentages can be more stringent depending upon the vehicle being driven and the age of the driver. Commercial vehicle operators are considered intoxicated if they are 0.04% or higher, and drivers under the age of 21 can be arrested for as low as 0.02% BAC.

If you have been arrested for operating under the influence (OUI), you have a decision to make. Should you plead guilty or should you fight the charges?

Putting an experienced OUI criminal defense team on your side is the key to your individual victory.

Case Studies

Suffolk Superior Court

CHARGE: Assault with a Dangerous Weapon (firearm). Our client was indicted on two charges: Assault with a Dangerous Weapon (firearm), and Illegal Possession of a Loaded Firearm. Our client was arrested for allegedly being the driver for a shooting that took place in Dorchester in June 2019, and he was later indicted in December of that year. The allegations are that our client drove to an area in Dorchester, took place in a shooting, and then led police on a high- speed chase throughout the city before being apprehended. A gun shot residue (GSR) test indicated that our client had recently fired a weapon. After our firm fully reviewed all of the evidence, we believed that there was insufficient evidence to indict our client on the Assault with a Dangerous Weapon charge. We filed a motion to dismiss that charge.

RESULT: In June 2020, our motion to dismiss that charge was ALLOWED by the court. This case is now down to just one charge, and we look forward to a jury trial.

Boston Municipal Court

CHARGE: Rape. Our client was arrested and charged with rape, on the allegation that he had sexual intercourse with a woman who was too intoxicated to consent. Our client, who had no prior record whatsoever, vehemently denied this accusation.

RESULT: After we were able to have the arraignment date extended, a further investigation revealed that this charge never should have been brought. We were very pleased that this very serious charge was dismissed prior to our client ever being arraigned in court; there is no record of this case in the system.

Peabody District Court

Marlborough District Court

CHARGE: Leaving the Scene of Property Damage.

RESULT: Dismissed upon the completion of a one- day safe- driving class.

94%

Percent of Case Wins

23,000

Average Dollar Amount Won

239

Cases that Ended in Settlement