What Can I Do To Help Win My Case?
Following the advice suggested in the Not Guilty! section of this site will help you prior to being arrested for OUI. After you've been arrested, there are a number of things that you can do to assist yourself in being found not guilty of the charge of drunk driving. Don't speak to the police prosecutor or assistant district attorney about your case at your arraignment. Statements made by you at this time can also be used against you in court.
- You should meet with an experienced and qualified criminal defense lawyer as soon as possible after your arrest or arraignment.
- Make a list of friends and acquaintances you were with prior to being arrested. It is important to identify as many potential witnesses as soon as possible, before memories begin to diminish.
- Be organized. There are a lot of events taking place commencing with your arrest for OUI. You will be required to attend meetings with your lawyer, meetings with witnesses, dealing with license suspensions and preparing for court dates. Being disorganized and unprepared will greatly diminish your ability to assist your lawyer in preparing a defense of your case.
Other Massachusetts Drunk Driving Defense FAQs
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Q:
What Are Common Errors Made By Persons Arrested For Drunk Driving/OUI?
A: 1. Not hiring an attorney. Operating under the influence of alcohol is controlled by Massachusetts General Law Chap. 90, Sec. 24. It is one of the most complex … More -
Q:
What Happens When You Get To Court?
A: License Suspension As mentioned above, if you refuse the breath test after your OUI arrest, your license can be suspended for 120 days. If you submit to and fail the … More -
Q:
What Are Field Sobriety Tests?
A: Field Sobriety Tests (FSTs) are the roadside examinations administered by the police officer in investigating whether you were operating your vehicle under the … More -
Q:
When Can I Be Found Guilty?
A: In Massachusetts, the prosecutor must prove 3 elements to the charge of Operating Under the Influence of Alcohol. That you are operating a vehicle That you operated … More -
Q:
Can I Get My License Back Before My OUI Case Is Resolved?
A: In almost all OUI arrests, an operator's license is suspended at the time of arrest for either a breath test reading of .08 percent BAC or above or a refusal to submit … More -
Q:
Will My Case Be Tried Before A Judge Or A Jury?
A: In a jury trial for an OUI charge, all six members of the jury must unanimously find you guilty, beyond a reasonable doubt, before you can be convicted of the crime. … More -
Q:
What Is In My Best Interest Going To Trial Or Plea Bargaining My Case?
A: As noted above, every OUI case is different. The strengths and weaknesses are unique to each case. Before you can make a decision on pleabargaining or taking a … More -
Q:
What Are The Penalties for an OUI?
A: For a first offense, typical penaliteis for for an OUI offense include a fine of not less than $500, nor more than $5,000, or imprisonment for up … More -
Q:
Operators Under 21 Years Old
A: Massachusetts General Law Chap. 90, Sec. 24 provides a detailed and intricate range of penalties for operators under 21 years old charged with and/or convicted for … More -
Q:
Subsequent Offenses
A: Massachusetts General Law Chap. 90, Sec. 24 establishes a 10year period for determining subsequent offenses. The 10year period encompasses the date of the … More
Liability for Over Serving Alcohol
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