If you’ve been arrested for operating under the influence, you need an attorney who will fight for you every step of the way. Hoffman Law provides detailed, thorough, & vigorous representation!

Attorney Hoffman has represented over 1,000 people in criminal matters, and the associates that work with him are experienced as well. While in law school, he worked as a public defender & als id=”o served as a law clerk with the U.S. Attorney’s office, in Boston.

We are available 24 hours a day for criminal matters, and can assist you as soon as you are arrested or charged! Call today for your free initial consultation.

Don’t let the dread set in; take control!

Being arrested for operating under the influence (OUI) can be a terrifying experience, especially if you’ve never been arrested before. On top of the humiliation you may feel at being placed in handcuffs and thrown in the local jail, you’re probably also worried about your job, what your friends and neighbors might say, and the possibility of losing your driver’s license. With all of these concerns running through your head, it’s easy to feel overwhelmed – like you’re drowning.

In this situation, the best thing you can do is try to relax and take control of your situation. Remember, anyone and everyone can find himself or herself with an OUI charge. In spite of the fact that the police, prosecution, and even some judges have a certain self-righteous way of making OUI defendants feel like serious criminals, even they find themselves the subject of these charges, from time to time. None of us are born with a built-in timer that goes off when we magically cross the line from a blood-alcohol content that is legal to one that is not. What’s important is what you do now that you do have the OUI charge.

(click here for article on local prosecutor arrested for OUI – it might make you feel just a little bit better)

Getting your emotions in check, relaxing, and taking control of your situation DOES NOT mean convincing yourself that it’s really no big deal. An OUI charge is a criminal charge, and – as with any criminal charge – it can have severe repercussions on your life and lifestyle. Taking control of your situation means getting representation, and doing it quickly so that a thorough legal analysis of the facts of your case can take place. Attorney Hoffman and his associates have dealt with these cases time and again. While it’s never pleasant, we can take away the mystery involved and give you peace of mind as we vigorously defend your rights!

What is an OUI? How is it different from a DWI or DUI?

OUI is an acronym for Operating Under the Influence. DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are pretty much the same thing, and often the terms are used interchangeably. Technically, the term OUI is probably more accurate, because you don’t have to be driving a car to be charged. In Massachusetts, as in many states, you can also be charged for operating a boat or ATV while under the influence. In fact, the law against operating while under the influence includes the operation of “any vessel on the waters of the Commonwealth.” You might “drive” a motorboat, but you don’t really “drive” a sailboat, for example. Thus, the term “operating” might be more accurate than “driving.”

For better or worse, OUI is the terminology and charge used here in Massachusetts, but practically speaking, it is the same thing as the DUI and DWI of other states.

In Massachusetts, “under the influence” includes more than just alcohol. As in most other states, you can be charged with an OUI, even if you haven’t had a single drink, if the officers suspect you are under the influence of narcotics or other things. What other things? Specifically, the law includes “intoxicating liquor or marijuana, narcotic drugs, depressant or stimulant substances, …, or the vapors of glue.” (M.G.L. c.90b s.8). Who knew that sniffing glue was such a problem that our legislators felt the need to specifically write it into the statute! Perhaps they were under the influence of the “vapors of glue” when they wrote the statute.

Official OUI Penalties in Massachusetts

Your Options

An OUI charge is a criminal charge. This means you are afforded the same Constitutional protections you would be with any other criminal charge. You are also afforded the same options. You can choose to (1) fight the charge, forcing a state prosecutor (“the state”) to prove your guilt at a trial, or – alternatively – you can choose to (2) accept a plea agreement. Both options have potential benefits and potential drawbacks. Attorney Hoffman will discuss these, in detail, so that your choice is an informed one.

1. Fighting the charge:

If you opt to fight the charge, the state will be required to prove their case beyond a reasonable doubt. This means that a state prosecutor will have to convince a jury of your peers that you are guilty, beyond a reasonable doubt, for each element of the crime. You are not required to prove that you are innocent. This burden of proof lies with the state. If the state is unable to do so, at trial, you will be acquitted of the charge against you & the court will order your license to be reinstated, subject a reinstatement fee.

2. Accepting a Plea Agreement:

Your second option is to accept a plea agreement. A plea agreement means you waive your Constitutional right to a trial, in return for a set penalty & resolution. A number of factors determine how lenient and/or severe a plea agreement is likely to be, including the number of OUI offenses you have been charged with in the past (the fewer past charges = a more lenient agreement) & other factors, such as whether or not the state alleges your OUI resulted in injury to another. If you choose this route, we will assist you in negotating an acceptable plea.

Typical OUI Plea Agreements Attained for our Clients

A number of factors effect what plea agreement we are able to negotiate for you, including age (if you are +/- 21 years of age), injury (if the state alleges your OUI resulted in serious injury to another), and whether or not you took the breathalyzer test or refused it. However, in general, if we negotiate a plea for you, it is likely to look something like the following examples.

FIRST OFFENSE PLEA:

• CWOF (Continuance Without a Finding): this allows for a non-conviction resolution to your case, without a trial. You are placed on a one-year probationary period.
• 45-day suspension of your license (longer if you refused the breathalyzer).
• Hardship License: 3 days following the resolution of your case, you are eligible to receive this Hardship License, which allows you to drive for a 12-hour period per day, 7 days a week.
• Entry & completion of an alcohol education program; if you reside out of state, it is possible to complete this in your domiciled state.
• Payment of various statutory fees – around $1,400.
  • Note: this plea agreement (known as a 24D) is not available if the state alleges you caused serious injury, or if you were under the age of 21 when charged. Other factors can also prevent or change

MULTIPLE OFFENSE PLEAS:

Plea agreements for subsequent offenses look similar to those for a first offense, in terms of the factors involved. That is, they too involve a suspension of your regular license, entry into an alcohol education and/or treatment program of sorts, a probationary period, and the payment of some statutory fees.

The primary difference is that is that the numbers increase. With each subsequent charge, your regular license is suspended longer, your probationary period is longer, and the required statutory fee to be paid increases.

In addition to these increases, these plea agreements often include a number of additional factors, including jail time, community service, and/or the required implementation of an IID (Ignition Interlock Device). Even a second offense plea can include jail time.

Our Comprehensive OUI Defense & Assistance

Hoffman Law provides comprehensive OUI defense & assistance, by defending both your rights & your dignity.

Through a detailed legal analysis of the facts of your case coupled with insightful consideration of your personal life circumstances, we can help you determine the best course of action. We will help you understand every option available to you, given your specified circumstances. We will also help you understand the potential ramifications of any decision you make.

In addition to vigorously defending your rights and representing you through every step of the process, our goal is to make the entire process as painless as possible, by providing payment arrangements (if necessary), consultations on evenings & weekends, meeting with you at your home or other convenient location, when you are unable to travel, and by providing follow-up, after your matter is resolved, to ensure all of your questions have been answered.

COMPREHENSIVE OUI ASSISTANCE – INCLUDING:

• Assistance setting up a payment plan with the court, to pay the statutory fees, should you accept a plea agreement.
• Assistance applying for your hardship driver’s license.
• Payment plan options available, to cover our fee.
• We can travel to meet with you, at your home or other location, when needed.
• SUPPORT ON EVERY LEVEL; YOU WON’T FIND SUPPORT LIKE THIS FROM ANY OTHER LAW FIRM!