Re: O.U.I in Massachusetts?
Kaiyla: I would go with the recommended attorney. I was a juror on a Mass. OUI trial a few years ago. We found the guy innocent even though the presented evidence looked pretty bad. I can tell you first hand that the guy's attorney definitely got him off.
I've never been involved in an OUI arrest so I don't have any other first hand knowledge to offer. Don't be too hard on yourself, you can't take back the events that put you in this situation but you have to try and keep moving forward in whatever ways that you can. Good luck to you.
Re: O.U.I in Massachusetts?
Kaiyla,
I was arrested and charged with a DWI (driving while intoxicated) in the state of Indiana back in Dec. 2000. Back then the legal limit was still .10. I tested out at the police station at .23 (over twice the legal limit). This was my first offense. It was a regular moving violation with no accident or property damage involved. I was told by several attorney friends and a police officer friend that I would have to take the DWI charge and one year License suspension due to the high reading. The're not big on fines in Indiana. They are big on suspensions, a joke of a drug rehab program and community service.
My first lawyer was a budget rate lawyer, $500.00 to handle my case. My second meeting with cut rate lawyer, he informed me that he was going to run my case through the court as quickly as possible and to be satisfied with the outcome. Needless to say, I became very upset with his attitude and told him I was releasing him as my attorney. I called another police officer friend of mine and he told me of an attorney with a very good track record on handling problem DWI cases.
The second attorney told me right up front if my BAC was .11 or .12 he would be able to get my case thrown out all together. Remember, the legal limit was .10.
I hired this guy on the spot. It cost me an up front $1,000 retainer fee and he told me his total fee would be $2,500 to $5,000. He also told me there were no guarantees that he could get me out of a DWI conviction. He also told me it would take him at least six months of working with the prosecutor's office to hammer out a deal if there was one that could be worked out and agreeable to all parties. The last bit of very important advice he gave me was not to beat myself up over this and let it consume your life.
Seven months later this is what I ended up with:
A reckless driving charge (pleaded down from a DWI),
No license suspension,
80 hours of community service (down from 120 hours),
No mention of chemical test failure on my permanent driving record,
No mention of a mandatory 180 day license suspension on my permanent driving record (due to a chemical test failure).
My total costs including attorney fees and court costs was $ 2,900. Also, due to the fact he was able to keep a lot stuff off my driving record, my insurance costs never went up! I was very happy with this outcome!
So you can see from my experience your better off to get the best lawyer you can afford. Ask people "who is an attorney that can best deal with my situation." With your situation, I don't see why a good attorney cannot get your case thrown out altogether. If not, your attorney should a least get your charge reduced to reckless driving and information stricken from your permanent driving record. Hope this helps. Turn to your friends and family. Mine were a great help to me in my time of need. I'm sure yours will be too.
Best of luck,
Mark
Re: O.U.I in Massachusetts?
had a dui in september... am getting my license back any minute now.... i had a six month suspension... i know how awful the feeling is... its just a terrible thing to go through.. be strong and stay positive or it will eat you up.... belive me, there were times when i wanted to go insane and just scream and throw things all day but the time passed by pretty quickly... the attorney factor is pretty important though.. make sure you hire a well known attrorney with years of experience in dealing with dui's.... it will make the situation go a lot smoother... hang in there, you'll make it...
Re: O.U.I in Massachusetts?
Your license has probably been suspended. Revoked means that you will never get it back. But, I do agree that you need to get a lawyer who specializes in Drunk Driving cases. Not only are they not concerned about being buddy-buddy with the court systems...they know the laws and loopholes like the back of their hands (or they should).
However, in most states, and I'm no expert, but they will give you a license to "commute" to work. You can only use it to go to work and nothing else.
Hmmmm...just did a search and I found this. Hope it helps!
What Happens To First Time Offenders?
As of July, 2003, Massachusetts has a "per se" DUI/ OUI law, under which you are considered Driving Under the Influence if your blood alcohol ratio (BAC) is over .08. In Massachusetts, most simple first offender DUI charges are handled as "alternative disposition" probation plea bargains, under which you participate in a mandatory drug-alcohol education program, and your license is temporarily suspended.
Dui First Offense Penalties:
* Jail: Not more than 2 1/2 years House of Correction
* Fine: $500-$5,000
* License suspended for 1 year; work/education hardship license considered in 3 months; general hardship in 6 months.
Alternative disposition (1st Offense OUI)
* Probation based on a plea bargain of the criminal DUI charge above.
* Mandatory participation in alcohol-drug education program paid for by defendant.
* License suspended for 30 days (210 days for drivers under age 21)
License Suspension:
· A breath test of .08 for operators over age 21 (or .02 for operators under age 21) incurs a 90 day suspension. This suspension terminates at 90 days or with the disposition of the case, whichever is earlier. For a first offense OUI charge (over age 21), the license suspension period has recently decreased from 90 to 30 days. If you plea bargain to the criminal DUI charge, you will receive no more than a license suspension of 30 days.
Refusing the Breath Test:
If you refused the breathalyzer, you will automatically lose your license for 180 days for the first refusal offense. Under Massachusetts DUI law you have no right to an attorney after being asked to take a field sobriety test.
If you refused to take a breath or blood test after being arrested in Massachusetts, or if the results of your test were .08 blood alcohol content (BAC) or above, your license will be suspended 15 days after the arrest, unless you take action to demand an administrative hearing within 30 business days after the arrest.
Hardship License:
First time OUI offenders are offered the ability to receive a limited use hardship license immediately after their case is completed. License is good for only 12 hours a day, for driving to and from work, school, medical appointments, alcohol recovery programs, etc. If you decide to admit to the offense or go to trial and then lose while you are suspended, you may still be eligible for a hardship license for a first offense.
Hardship license applicants must wait 3 business days after their court date before appearing at special Registry offices, and must first have appeared for in-take at their assigned first offender program. You must provide the following documentation at the hearing:
* Proof of hardship (i.e. employment, education, medical, etc.) ·
* Proof of enrollment in a Massachusetts First Offender Program approved by the Department of Public Health.
Under 21:
Massachusetts law prohibits the consumption of any alcohol by persons under the age of 21.
* If you are under 21, and have a BAC of .02 or greater, your license will be suspended.
* For those under 21, the suspension for refusal of the breath test have increased from 180 days to 1 year.
Under 18:
* A breath test reading of .02 or above will result in a license suspension for any driver who is under the age of 18.
* Generally, breath test readings of .02 to .04 will result in a 1 year license suspension. The suspension may be reduced to 180 days if the offender voluntarily enters and completes a Youth Alcohol Program.
* If you are under the age of 18 you may be charged with OUI (Operating Under the Influence) if your breath test reading is .06 or higher. If charged, you will receive a 90 day suspension in addition to the one year suspension described above.
* If you are convicted of an OUI or ordered by the court to enter a Driver Alcohol Education Program (DAEP), a 210 day suspension will be imposed in addition to the suspensions above.
Re: O.U.I in Massachusetts?
Quote:
Originally Posted by Kaiyla
What a new year it has been, first having to come back out of retirment to dance again, going through the hell of finding a decent club to work at in the boston area, ovarian cysts, and now last night I got myself arrested for operating under the influence. I'm looking for no sympathy, I know what I did was so completely thoughtless and stupid. I've learned my lesson and it's only been the first DAY.
It's my first offence, I've never even been arrested before and I blew a .09. My liscence has been revoked for I don't even know how long. I have no way of getting to work., no way of paying my bills, and inevidably soon, no way to make rent, pay bills, buy food. I'll be homeless and it will all be my fault.
Wow, if only I could rewind time to 22 hours ago. I'd never even look at a martini before getting behind the wheel again.
I'm desperate for anyone whose had experience with O.U.I's espescially in the Massachusetts area. My plan is to hire a very well recommended attorney and hope for the best. Is this a waste of time? Should I just take the attorney the court assigns me to and save my money for fines? What are the fines?
Wow, I could not hate myself anymore than I do right now.
I can give you the number of an attorny well known for dealing with DWI's. PM me for number if interested.
Re: O.U.I in Massachusetts?
Definitely hire a local attorney - local to the county courthouse you'll be tried in. My son went through a similar situation a year or so ago in a Worcester county courthouse, and having a well-connected local lawyer, specializing in OUI's made all the difference in the world. After a year or so of re-scheduling, prosecutor declined to pursue charges.
Your license suspension is an automatic 30 days, and trial may suspend your license again. Good luck!
Re: O.U.I in Massachusetts?
Thanks for all the advice, everyone. My brother recommended me to a lawyer who specializes in DUI's so I'll be seeing him tommorow. Apparently, this guy is "familiar" with the court I'll be seen in, and on the back of his business card has a picture of a breathalizer crossed out (I blew, but hopefully he can do something for me as well).
Strange, I am (or was supposed to be) moving to Austin, TX next month and the DAY before I got the DUI I was thinking, "man, I finally found a cool club, I'm making $$ again, and my cyst is shrinking, I'm well on my way to TX, and everything is going to be ok again." And then I f*ck it up by having two martini's and deciding to leave work a little early, and now everything has changed due to that small incredibly stupid move. The move is has been postponed, for however long this is going to take, and I'm terrified of being in a new state with no liscence.
I'm seeing the lawyer tommorow. My brother says he'll make me feel better. I really hope so..
Re: O.U.I in Massachusetts?
the attorney will fill you in on everything important.. you'll understand your situation a lot better. try not to talk to a lot of people that have gotten dui's, it will only make you worry.. every case is different.. my problem was that i started talking to tons of people, friends, family, whatever and i got so confused about my situationl... this guy will totally clear the laws for your case... good luck girl....
Re: O.U.I in Massachusetts?
So sorry to hear this has happend to you .Sounds like you are finding out how best to deal with this situation . I have had two of these and was very lucky to have only received the min penalties . To this day I cant figure out how my insurance never found out ( very lucky ) . Good luck to you and most of all I am glad you made it home safely .
Re: O.U.I in Massachusetts?
I don't understand...are you not supposed to do a breathalyzer?
Re: O.U.I in Massachusetts?
Breathalizers are not reliable. If someone is diabetic, and hasn't eaten for a while, and blow into the breathalizer, it can trip it. The breathalizer will only register the amount of alcohol in the breath. But, unless the cops SAW someone drinking...there are millions of ways to dispute the breathalizer. In IL NOT taking the breathalizer gives you an automatic guilty. :shrug:
Re: O.U.I in Massachusetts?
It really sucks, I have had a DUI my license is still susp ended. every state is different, in general it is hard to get off in New England you will probably lose your license, I had a lawyer, and it helped it does go by, and depending on where you live in Mass you don't need a car, I lived in Boston, and got around on the T. I now live in Texas w/ no license, and it really doesn't bother me that much it was a tough and expensive lesson to learn, it isn;t the worst thing in the world. be glad you are alive and no one was hurt or you'd be in jail
Re: O.U.I in Massachusetts?
Met with the lawyer yesterday and he told me that with my "low" (0.9) breathalizer result that he could bring in somewhat of a breathalizer expert who would dispute the accuracy of my reading, since the breathalizers can be off by two points.
The cost for my lawyer plus the breathalizer expert?
$7,000.
I don't know what the hell to do at this point..
Re: O.U.I in Massachusetts?
Kaiyla,
Shop the deal. Seven grand sounds like a lot to me, compared to my costs mentioned above. See if you can find someone in the $3,500 to $5,000 dollar range. I know things are more expensive on the coast but I would think there are more professionals competing for your business. With your situation; first offense, low BAC, I would think this should be a cakewalk for any competent attorney. He shouldn't have to call in a BAC expert at .09. When dealing with the Prosecutor, just the mere threat of taking your case to trial with a BAC expert should be enough to get the Prosecutor's Office to drop the case. At least that would have been my good fortune according to my attorney had I not blown a .23. My outcome was still pretty good considering.
Law is somewhat of a game of brinksmanship. There is a lot of posturing and bluff calling that goes on. Do yourself a favor and contact a few more attorneys. It could save you a lot of money.
Regards,
Mark
DESPERATELY need advice concerning OUI situation
I am so sorry to have made two threads about this but I am stricken with panic, fear and desperation and don't know where to turn.
I was arrested Sunday night for and charged with an OUI. I blew a 0.9. This is my first offense and I have never been arrested before. I went to see an attorney who works with DUI cases, and he said that on a scale of 1-10 (1 being a conviction of the crime and 10 winning the case), that he had about an "8" of winning me the case. He said that due to my low B.A.C that he could call in a B.A.C specialist who could dispute the 0.9
He said that his fee will be $4,000 and the B.A.C specialist's fee is $3,000.
Altogether this is going to cost me $7,000 to TRY to win this.
I am terrified of losing my liscense and having this go on my record and hindering lots of opoportunities in my future; prospective jobs, traveling out of the country, etc.
I have no clue whether I should just hire him and pay the $7,0000. I am afraid to spend this crazy amount of money and lose the case anyway. Anyone have ANY idea what I should do? I have to decide fairly quickly..I am moving to Texas (I live in Massachusetts right now) very soon and am trying to get this over and done with for that reason (and my sanity) as soon as possible. And I am just terrified and feeling really really hopeless about now.
Re: DESPERATELY need advice concerning OUI situation
I would do it. If you don't try, you'll beat yourself up later.
Re: DESPERATELY need advice concerning OUI situation
I'd say do it. Some attorneys let you make payments too so you might want to ask him about that. Good luck. I hope it works out well for you.
Re: DESPERATELY need advice concerning OUI situation
A DUI isn't going to ruin your life........a lot of people on here have had them. if you think that it is worth it then do it i haven't heard of many people getting off on DUI's its way more hassle in my opinion you have to have a trial and all if you fight it and the judge will be harder on you if you lose, insteading of pleading out in district court, it is up to you.