Criminal Defense Attorneys Protecting the Rights of Boston Residents
At Lowney Law, LLC, our criminal defense lawyers have over 15 years of experience assisting Boston residents who have been accused of operating a vehicle under the influence (OUI). We understand what a difficult and stressful time this can be for you and your family. Our attorneys offer the resources of a large-scale firm as well as the personal touch of a small office. There is always someone available to take your call at Lowney Law, LLC.
Facing Prosecution for OUI
There are many different names for drunk driving offenses, including driving under the influence, operating under the influence, and driving while intoxicated. All of these refer to the Massachusetts law that states that it is illegal to operate a motor vehicle while under the influence of alcohol, or with a blood-alcohol level of 0.08 or greater. The prosecution must prove the following three elements in order for you to be guilty of an OUI:
- You were operating a motor vehicle;
- You were operating the motor vehicle on a public way; and
- At the time you operated the motor vehicle on the public way, you were doing so under the influence of alcohol or drugs.
Fortunately, there are a number of defenses that can potentially be asserted against an OUI charge. For example, if the government is unable to prove one of these three elements beyond a reasonable doubt, you would be entitled to a finding that you are not guilty of driving under the influence. Additionally, there are many cases in which a police officer administers the field sobriety test improperly, or when the equipment used to test the driver’s blood-alcohol level has not been calibrated appropriately.
The consequences of an OUI can have a lasting and dramatic impact on your life. Although it is not the most serious offense in Massachusetts, it is prosecuted aggressively and contains mandatory minimum dispositions for convictions and pleas. In many cases, an OUI conviction results in a suspension of your driver’s license, which can have a dramatic effect on your day-to-day life. Additionally, in October 2005, Massachusetts enacted Melanie’s Law, resulting in one of the most dramatic and comprehensive revisions to the law in this area. These rules are primarily aimed at people who have been convicted of more than one OUI offense and impose serious license suspension penalties and criminal sanctions on repeat offenders. Massachusetts courts are permitted to utilize a “lifetime lookback” policy, which permits them to consider prior drunk driving offenses no matter how many years old they may be.
One of the most important issues in an OUI case is knowing which rights you can invoke from the moment you are pulled over. The U.S. Constitution gives you many protections if you have been accused of a crime. For example, you have the right to remain silent and you have the right to an attorney before you speak to any law enforcement officials. You also have the right to have your attorney present during questioning. Even if you think what you have to say will not get you into trouble, your words can be used against you out of context.
Fight Your Charges with the Assistance of a Boston Lawyer
If you or a loved one has been charged with operating a vehicle under the influence, Lowney Law, LLC can help. Our OUI attorneys have represented many residents of Boston and the surrounding communities. We provide a free initial consultation and offer our clients affordable payment plans. Call us at 617-364-8000 or contact us online today to discuss your situation. We have helped people from Hyde Park, Mattapan, Dorchester, Jamaica Plain, Roxbury, West Roxbury, and Roslindale, as well as communities throughout Suffolk County.