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Summer and Operating Under the Influence in Massachusetts

In Massachusetts, the terms operating under the influence (OUI), driving under the influence (DUI), driving while intoxicated (DWI) are synonymous. The official charge is Massachusetts is known as Operating Under the Influence (OUI). This charge is a criminal offense in which a person is found to be operating a vehicle after having ingested any alcoholic beverage or chemical substance which impairs their ability to drive safely. breathalyzer.jpg

Additionally, with the passage of Melanie’s Law in 2005, the penalties for OUI can be incredibly harsh. First time offenders may face a potential sentence of up to 2.5 years in prison, license suspension for one year, and an accompanying fine of $500-$5,000. However, if it is your first offense, your attorney may be able to convince the court to allow you to complete an alcohol education course in order to reduce your license suspension period.

Many individuals may be surprised to learn that the OUI laws apply not only to operation of a car or other motor vehicle on the roadway, but also to any other motor vehicle, such as a boat. Boating under the Influence (BUI) also carries a potential penalty of up to 30 months in prison and/or a $1,000 fine,in addition to loss of license and registration for up to a year. Additionally, if convicted of a BUI which also caused substantial bodily injury, an individual could face up to 10 years in prison, and a fine of up to $5,000. Furthermore, Massachusetts law explicitly states that, by choosing to operate a vessel on the state’s waters, you have given your implied consent to submit to alcohol testing if you are arrested for a BUI.

Operating under the influence is one of the crimes that individuals are charged with that may be the most susceptible to a more favorable result if you hire the right attorney. For example, our law office has extensive experience with the use of pretrial diversion, whereby individuals may receive probation prior to any finding of fault. This means you get to avoid prison time, and maintain a clean record. An attorney can advise you regarding all of your potential legal options.

If you have been charged with an OUI, BUI, or are facing any other criminal charges, contact the Law Office of Patrick J. Murphy, Esq. Doing so ensures that you have an aggressive, knowledgeable, and experienced Boston defense attorney on your side. Patrick J, Murphy, Esq. has extensive experience in Boston Criminal Defense and all OUI considerations. Don’t leave the outcome of your Boston OUI case up to chance. Contact us today in order to schedule a free and confidential legal consultation so that we may discuss your case. You can contact us by calling 617-367-0450 or through our website.

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Man Charged in Connection with Beverly Jewelry Store Burglaries, Boston Criminal Defense Lawyer Blog, published June 13, 2013
U.S. Supreme Court Affirms Warrantless DNA Collection Following Arrest, Boston Criminal Defense Lawyer Blog, published June 4, 2013