OUI / DUI / DWI

People found guilty of OUI crimes in Massachusetts may not only face substantial punishment, but they may also suffer harm to their reputation and relationship. A person charged with an OUI offense OUI may not necessarily be found guilty, though, as the prosecution faces a high burden of proof, and there are frequently several defenses OUI defendants can assert to avoid a guilty verdict. If you have been charged with an OUI crime, it is essential to seek the assistance of an attorney as soon as possible. The seasoned Boston criminal defense lawyers of Koufman Law Group understand what it takes to obtain favorable results in OUI cases. We have a wealth of experience defending people in the Massachusetts criminal courts, and if you hire us, we will work diligently to help you pursue the best possible outcome for your case. Our firm is located in Boston, and we represent people with criminal matters throughout Massachusetts.

In Massachusetts, people can be charged with OUI crimes for operating a motor vehicle on a public road with a blood alcohol level of .08% or higher. They may also be charged with OUI offenses if they operate a motor vehicle while under the influence of alcohol, drugs, or other substances, regardless of the results of any chemical testing.

In OUI cases, the prosecution does not need to prove that the defendant drove while impaired to obtain a conviction. Instead, they simply must show that the defendant deliberately operated the vehicle or used any mechanism to set it in motion. This means that even if a person starts a vehicle while under the influence of drugs or alcohol, they can be charged with an OUI crime.

People found guilty of OUI offenses may face a wide range of penalties; the punishment imposed depends on several factors, including whether it is a first-time offense or a subsequent offense. People convicted of a first OUI might be eligible for probation. The Commonwealth may suspend their license for 45 to 90 days, and they must attend an alcohol education course and might have to submit to treatment for substance abuse. People convicted of their second OUI are only eligible for probation if their initial OUI conviction was over ten years prior to the subsequent offense.

Third-time offenders and any first or second-time offender ineligible for probation face up to two and a half years in prison. The courts must impose a mandatory penalty of at least 60 days imprisonment on second-time offenders and a mandatory penalty of at least 180 days imprisonment on third-time offenders. Fourth and fifth-time offenders face greater penalties, as do those who had a child in the vehicle at the time they committed the OUI offenses.

To prove an OUI defendant’s guilt, the prosecution has to prove each element of the charged crime beyond a reasonable doubt. While there is no precise definition of what the “beyond a reasonable doubt” standard requires, it is typically understood to mean that the evidence must so strongly suggest the defendant’s guilt that a reasonable person, upon assessing the evidence, could not come to any conclusion other than that the defendant committed the charged crime. Criminal defendants, unlike the prosecution, do not have a burden of proof. It often benefits them to present a defense, however. For example, if the charges are based on a chemical test, the prosecution needs to establish that the test was properly administered and that the device used to conduct the test was correctly calibrated. If the test results are unreliable, the defendant can assert that they should not be considered as evidence.

Moreover, if the OUI arrest was made during a traffic stop, the prosecution must prove that the officer effectuated the stop because they had reasonable suspicion that the defendant engaged in illegal activity. If the police cannot demonstrate that they had probable cause for detaining a defendant, the stop may violate the defendant’s Fourth Amendment right against unreasonable stops and searches. In such cases, any evidence obtained during the stop may be inadmissible in court.

If you were charged with an OUI crime in Boston, it is crucial to consult with an experienced attorney who can guide you through the legal process and help you understand your options. The experienced Boston criminal defense lawyers of Koufman Law Group have helped numerous clients achieve favorable outcomes in their OUI cases, and if you hire us, we can provide you with the representation and guidance you need to fight to protect your rights. Our office is in Boston, and we regularly represent people in criminal cases in Boston and in cities throughout Massachusetts. You can contact us to schedule a confidential consultation via our online form or by calling us at 617-423-2212.