If you decided to take a breathalyzer after you were arrested for Operating Under the Influence and scored higher that .08 you will need to consult

Less than .08

.08

Margin of error

Higher than .08

Breathalyzer Defenses

Experienced OUI Defense  Attorney

Bail

Most people charged with Operating Under the Influence (OUI) will be bailed out in police station. The fee to bail commissioner is currently $40 that is not returned to the person. Normally the bail commissioner will release you on your promise to appear in court. That is call personal recogniticion. The police must call the bail commissioner unless there is an unusual situation. Be aware that everything said in jail is being listened to by someone. Try not to speak.

Laywer

The best time to contact a lawyer is as soon as possible. If you can call a lawyer during the stop or from the police station that is great but many people cant do that. After getting out of the police station the search for a lawyer should begin. the sooner an experienced lawyer get working the sooner you can be well advised. An experienced lawyer can begin to ask the prosecution for evidence and do his own investigation. Also, if you refused the breathalyzer test you only have 15 days to appeal your refusal. Once the time period has expired nothing can be done.

Arrive at Court

Most people will be ordered to appear in court the next morning. If you get arrested over the weekend then you will probably be ordered to go to court on Monday. The day and time you have to go to court will be given to you on you bail form. You must get to court on time if not early.

When you get to the courthouse, you must check in at the Probation Department. There you will fill out what is called an intake form. It will get all of your biographical information. It is done to confirm your identity and to provide the judge and the prosecutor with your record. Even if you don’t have a record the judge must know that.

Arraignment

The arraignment is where someone is formally charged with a crime. It is also a chance for the prosecution to ask for bail. A bail request could either be in the form of money or in conditions of release. Conditions or release would typically be for one to remain drug and alcohol free with random tests. Normally there is no request for more bail on first offenses OUI charges. However the prosecution can ask for money or conditions on any arraignment.

The purpose of bail is to ensure someones appearance at the next court date. That is why it is very important to arrive to court early on the day of your arraignment. If you are there early it will help your argument to keep the bail the same.

Pretrial

A pretrial hearing or conference is schedule on the day of arraignment. It is a chance for the prosecutor and the defense attorney to exchange discovery. It is also a chance for the defense attorney to make sure he has all the information he is going to need to try the case. Remember, if there is a police report or if there is pictures or a 911 tape your lawyer is entitled to get a copy.

At any stage of the proceedings you could tender a plea on the case. You will see a lot of pleas in the pretrial session.

Motion

If your rights have been violated then your lawyer can ask for a motion. A motion can be to dismiss the case, suppress the stop or limit certain evidence. Motions can be done in to ways either evidentiary meaning there is live testimony or by argument. It depends on the type of motion.

Trial

A trial in Massachusetts can be either a bench or jury trial. A bench trial is where the judge hears all of the evidence, decides all questions of law, determines guilt and imposes a sentence. A jury trial in the District court consists of 6 people randomly selected from the community. They are the one that have to determine guilt. All six must be unanimous. All six must think either guilty or not guilty.

Return of Bail

Once your case is over, or disposed of any bail other than the $40 fee will be returned to the person who posted the bail.

Reinstatement of License

If you are found not guilty your lawyer can ask the judge to reinstate your license. It has to be done in writing and the judge must sign the motion. If the judges allows the motion then the RMV must reinstate the license.

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Client is stopped at a Sobriety Checkpoint operated by the Massachusetts State Police otherwise known as a roadblock. Client smells like alcohol, is slurring his words and is unsteady on his feet. Client in a slurred speech states that he has four beers. Client is charged with Operating Under the Influence of Alcohol or DWI, DUI, OUI.         CASE DISMISSED

Client is charged with Operating Under the Influence of Drugs (OUI/Drugs) after the police received a call for an erratic driver. The police saw the car cross over the double yellow lines several times. The driver tried to take a turn into a field. The police stopped the car, and notices the driver was disheveled, his pupils were dilated and he had trouble speaking. The Client failed the field sobriety tests the officer gave him. Client admitted to taking drugs and an almost pill bottle was found in the car. CASE DISMISSED

Client is charged with Operating Under the Influence 2nd Offense. Police stop client at 11:30 after they see the car travel over a double yellow line. The police officer observes an odor of alcohol coming from the driver. The client states he knows he is over the limit. Client fails two field sobriety tests.      NOT GUILTY

Client, a 40 year old man is charged with a motor vehicle offenses after he gets in to a road rage incident with an 80 year old man. The client alleged got out of his car and punched the car of the older man. The police apply for charges and file an immediate threat which suspends the clients license.      CASE DISMISSED and LICENSE RESTORED

Client is charged with a fourth offense OUI. If convicted of that the client faces a mandatory one year in jail. It is also a felony. The client is observed weaving on Route 24, smell like alcohol and almost falls over in front of the Massachusetts State Trooper. Client is arrested and takes the breathalyzer and blows a .20. Patrick Donovan resolves the case for a second offense OUI.  Client receives a second offense sentence and avoids jail.

Client is charged in Superior Court with Operating Under the Influence Causing Serious Bodily Injury and Leaving the Scene of Personal Injury. Client hits two people on bicycles and and leaves the scene. Client is later arrested, admits to the crime and takes a breath test result in an over .20. Client is facing a mandatory minimum jail sentence. Case resolved with no jail sentence.

Client is charged with Leaving the Scene after she is seen hitting a person on a bike causing him to have to go to the hospital.      CASE DISMISSED

Massachusetts State Police observe the client driving 30 mph over the speed limit at 3 am. The State Trooper sees the client fail to stop for a traffic light. The client is pulled over and the trooper observes the client’s eyes to be glassy and bloodshot, his speech was slurred. He is asked to get out of the car and he was unsteady on his feet. Client was charged with Operating Under the Influence.         NOT GUILTY

Client is stopped by the State Police. His license has been suspended for an Operating Under the Influence. He is arrested charged with a license suspension.          CASE DISMISSED

Client is stopped on at about 11 pm on a holiday night. He is observed to be swerving in and out of the breakdown lane. He is stopped and fails three field sobriety tests. He has two bottles of Vodka in the car, one that is open. He fails the breathalyzer test with a score of .12. He is charged with Operating Under the Influence of Alcohol.              NOT GUILTY

Client drives off the road and gets stuck in a homeowners bushes. She admits drinking has an odor of alcohol coming from her breath. She is charged with Operating Under the Influence.          NOT GUILTY

A police officer driving by the client observes her hitting snow banks on the side of the road at around 2 a.m. She is pulled over and fails three field sobriety tests including the Preliminary Breath Test with a score of .14. She is arrested for Operating Under the Influence.      NOT GUILTY

Client is stopped at a sobriety checkpoint or roadblock. Client admits to drinking, has blood shot eyes and smells of alcohol. Client fumbles for his license and does not produce his registration. Client fails two field sobriety tests. Client is charged with Operating Under the Influence.                      NOT GUILTY

Client, under the age of 21 gets into a car accident. Police arrive and give the client field sobriety tests which he fails. He takes a breath test and scores .15 almost twice the legal limit. He is charged with Operating Under the Influence of Alcohol.                  CASE DISMISSED

The police observe client driving at 1 a.m. without his headlights on. Client does not pull over immediately. Police observe that the client smells of alcohol, is unsteady on his feet, and is slurring his words. he fails two field sobriety tests. Client is charged with Operating Under the Influence, (OUI).                   NOT GUILTY

Client is charged with a Third Offense Operating Under the Influence, (OUI) if found guilty the penalty is not less than five months in jail. Because of errors in the prior offenses, client admits to a second offense. Client is given probation.

Client is required to have an Ignition Interlock Device attached to his car. Client is stopped driving a car that does not have an Ignition Interlock Device.      CASE DISMISSED

Client hits a parked car on the afternoon of July 4th. Police  arrive and observe the clients eyes to be red and glassy, he is unsteady on his feet, and has a strong smell of alcohol coming from his breath. He admits he had a couple of beers.  Client is charged with Operating Under the Influence of Alcohol Second Offense        NOT GUILTY

Client is pulled over after a Massachusetts State Trooper see her almost hit the guardrail and swerves out of her lane 5 times. The client fails to say the alphabet correctly twice. The trooper observes an extremely strong odor of alcohol, the clients eyes were glassy and her speech was slurred.         CASE DISMISSED

A Massachusetts State Trooper pulls the client over after he drifts in two lanes of traffic at 2:30 in the morning. The client tells the trooper he was at the Red Sox game earlier and admits he probably had too much to drink. The client fails three field sobriety tests. The client is charged for Operating Under the Influence (OUI).           NOT GUILTY

Police arrive to the scene of a domestic disturbance. The client is alleged to have pushed the victim and hit him. At the hearing on domestic assault and battery charges the case is dismissed.      CASE DISMISSED

Client is stopped by the police at 2 a.m. The police smell a strong odor of alcohol from the client. His eyes are red and glassy. He gets out of the car not wearing any shoes and fails a field sobriety test. He is charged with operation under the influence of alcohol.      NOT GUILTY

Client is alleged to have been involved in a road rage incident earlier in the day. Later in the day the client and the other driver get into a fist fight. The client is alleged to thrown many punches. Alleged victim was seeking payment for medical bills.          CASE DISMISSED

Client is stopped at 1 a.m. by the Ayer police. Police see the client driving 20 mph over the speed limit. When the officer approaches the car he smells an overwhelming odor of alcohol coming from the client. The client gives the officer his debit card instead of his license. The client cannot hold his leg up for more the 7 seconds. The client fails the nine step walk and turn test.                        NOT GUILTY

Victim reports that the client hit her many times causing injury. Police take seven photographs of her injuries, mostly bruises. Victim is given a restraining order on the report of the incident.          CASE DISMISSED

Client is stopped for speeding and driving on the double yellow lines. the police observe an odor of alcohol coming from her, and her eyes were red and glassy. Client admits she drank four beers.   Client is charged with operating under the influence of alcohol and negligent operation.        NOT GUILTY

Client is arrested after the police respond to a domestic violence call. Client is charged with assault and battery with a dangerous weapon.    CASE DISMISSED

Client is charged with Assault and Battery and a Violation of an Abuse Prevention Order. Police respond to the scene where they are told the client pushed a friend into the snow and the friend had a restraining order against the client at the time.          CASE DISMISSED

Client is seen in a parking lot where the police believe a drug transaction occurred. Police speak to the client and find one ounce of marijuana in the client’s possession.         CASE DISMISSED
Client turns around at a sobriety checkpoint, better known as a roadblock. Police stop him and smell alcohol on his breath. He admits to the police that he has been drinking. He has an open bottle of vodka in the car and a mixed drink in the center console. He fails the alphabet test and the portable breath test.      CASE DISMISSED
Client is accused of dragging the victim by the hair out of his house. Victim calls 911 and the police arrive to find the house in disarray and the client upset. Client admits to dragging the victim by the hair.    NOT GUILTY
Victim alleges that the client client stuck her in face 20 times, and threatened her with a hammer. Victim goes to the hospital. Client is held on bail as a result of the charge.    CASE DISMISSED
Underage client is at party, he has been drinking. Police come to the party, client runs from the police. Client resists arrest, police spray the client with pepper spray.       CASE DISMISSED
Police receive 911 calls about a car driving erratically. Police see the car being driven the client swerving on a main road. Police stop the car. The operator fails a field sobriety test and admits to taking a sleeping pill.    NOT GUILTY
Client is found with a bag of marijuana.   CASE DISMISSED
Client strikes a telephone pole at 5 in the morning. Police officer smelt an odor of alcohol coming from the client. Police officer saw the client was unsteady on her feet, her speech was slurred. The client admitted to drinking. The client performed field sobriety test and failed.    NOT GUILTY
Client is charged with Larceny Over $250. Victim alleges that the client stole over 2000 dollars from his truck. Police investigate the crime and client is charged with four felonies.          CASE DISMISSED
Client is pulled over, after being clocked going 78 in a 55 for over 1/2 mile. Client is seen driving too close and changing over all lanes without using a blinker. Client is given a ticket and cited for 1) speeding 2) state highway violation 3) improper lane change.          NOT RESPONSIBLE/NO FINE
A State Trooper pulls client over a 3:40 am on route 3. Trooper smells a strong odor of alcohol. Client stumbles when he gets out of the car. He is unsteady on his feet, lethargic, and admits to drinking 7 Beers.  He is charged with his third offense OUI.          NOT GUILTY
Police responded to a report of a hit and run. After a brief investigation the police found the driver. She smells of alcohol, has red and glassy eyes, is unsteady on her feet, and is slurring her words. She admits to drinking. Police ask her to take three field sobriety tests, she fails all three. She then takes the breathalyzer and gets a .22 (close to THREE times the legal limit). She is charged with OUI and Leaving the Scene of Property Damage.           CASE DISMISSED
Police responded to a report of a hit and run. After a brief investigation police locate the driver. His speech was slurred, slowed, and thick. His balance was noticeably off. He failed three field sobriety tests. He is charged with OUI Drugs           CASE DISMISSED
Police take a report of client point a gun a someone on the street. Police get a search warrant and find a gun that fits the description.  He is charged with Assault with a Gun and Witness Intimidation.      CASE DISMISSED

Boston Massachusetts DWI Defense Attorney
Patrick T. Donovan, is a dedicated Boston Criminal Defense Attorney that has represented many people who have been charged with felonies and misdemeanors crimes in Boston and throughout Massachusetts.  Attorney Patrick T. Donovan is committed to aggressively pursuing the best possible outcome for each and every one of his clients.

A former Assistant District Attorney, Patrick Donovan is well aware of the many legal strategies both law enforcement and district attorneys will use when trying to obtain a conviction.Mr. Donovan uses his prior knowledge as a prosecutor to his clients’ advantage by challenging evidence submitted by state attorneys, investigating faulty law enforcement procedures, and ultimately building the strongest case possible for every single one of his clients.

Call the Law Office of Patrick T. Donovan today for your free initial consultation at 617-479-1800.

“I called and actually spoke to Patrick Donovan he took my case and got me a great result. I would recommend him to anyone”  Tim B

“I was told I was facing 2 years in jail. Now I have no conviction because of Patrick Donovan. “ Mike C.

“Patrick Donovan did a great job. He was always prepared and treated me like a person.” Client

“I took a breathalyzer and got a .08. Everyone told me to plead guilty. I hired Patrick Donovan and he got my case dismissed at trial. He was great at trial. I could not be more happy.”                    S.M. Client

“Patrick Donovan did a great job for me a could not be more happy with my outcome.”      PH Client

Hardship licenses  are license that are given by the RMV that have restrictions. Also known as Cinderella licenses, a hardship license is valid for 12 hours. The Massachusetts Registry of Motor Vehicles grants hardship requests on a work or education hardship requirement. That means that you must show the registry thatyou need a license  in order to go to work or school.  

Hardship License Process

In order to get a hardhip license you must go to a full service registry and see a hearings officer. The process is first come first serve and the hearing officer makes the decision whether to issue or not issue the license. The hearings officer will require a letter from your employer that is less than 30 days old that clearly states the need for a license.

Experienced Defense

Attorney Patrick Donovan been success in helping many clients recieve hardship licenses from the registry. If you need a hardship license or have a question regarding a Massachusetts hardship contact Attorney Patrick Donovan today at (617) 479-1800.

Operating Under the the Influence of Alcohol is a criminal offense in Massachusetts. If you are charged with more than one OUI the penalties increase dramatically. Also, Massachusetts has only a limited lookback period that applies to certain second offenders. 

Penalties for OUI First Offense In Massachusetts

Alternative Sentence for First Offense 24d Disposition

• Continuation Without a Finding
• 1 Year of Probation
• 45-90 Day Loss of License
• Enter and Complete 24d Class
• Statutory Fines and Fees
• Total Cost is just under $2500 in fines, fees, and costs

Penalties for OUI Second Offense in Massachusetts

• 60 Days upto 2 1/2 years in the House of Correction
• Misdemeanor Conviction

Alternative Second Offender Offense

• Enter and Complete a 14 day in patient alcohol progam
• 2 Year Loss of License
• Statutory Fines and Fees
• Complete Second Offender Aftercare Program (S.O.A.P)

If there is only one OUI and the date of conviction was more than 10 years than one is eligible for the Alternative First Offense Disposition.

Penalties for OUI Third Offense in Massachusetts

• Mandatory 150 days in the House of Correction
• Felony Conviction

Penalties for OUI Fourth Offense in Massachusetts

• Mandatory 1 year in the House of Correction
• Felony Conviction

Penalties for OUI Fifth Offense in Massachusetts

• Mandatory 2 Years in the House of Correction
• Felony Conviction

 Experience Cape Cod Lawyer

If you have a question about the potential penalties regarding an Operating Under the Influence contact Attorney Patrick Donovan at 617 479-1800.