Arrested or charged with OUI or Operating under Influence in Newburyport?

Arrested for Operating Under the Influence or OUI?  Driving under the Influence of alcohol is likely the most frequent case heard in the Newburyport District Court, but what does that mean for you as an individual.  While each case is different, there is a commonality to the concerns voiced to me by my clients.

OUI Case Questions and Sentence Implications

Will I go to jail?  This is the question is everyone’s mind.  In Newburyport, Essex County and throughout Massachusetts – on a first offense OUI, there is the potential penalty of a 2 ½ year sentence in the House of Correction.  It is unlikely, however, that on a first offense the judge will impose jail time with only a few exceptions.  Frequently, and in light of the very unlikely outcome of jail, it is in a client’s best interests to pursue a trial on their first offense OUI.  In evaluating the chances of success at a trial, the emphasis should be on what my client did accurately during the course of the investigation. Was he or she cooperative with the Newburyport, Amesbury, Salisbury, etc. police department? Did my client take a breathalyzer and, if so, what was the result? If a booking video exists – does it show the client in a positive light?  Was the client asked to perform field sobriety tests, if what were the results?

On an OUI or Operating Under the Influence charge, likely the client was stopped while driving on the streets of Newburyport, West Newbury, Newbury or somewhere else within the jurisdiction.  It is important to evaluate the legal defenses – meaning, what did the police do during the course of the stop and did that form the basis of an appropriate stop?  In some circumstances the initial stop of the vehicle is improper (based upon a myriad of reasons) and could result in exclusion of the evidence which forms the basis of the OUI.

For instance – in one case I was successful in having both the one-legged stand and nine step walk and turn excluded because the evidence during a motion hearing suggested that my client did not consent to those tests.  On another case, the report for erratic driving was not specific enough to give police the right to stop my client vehicle.  In the first case, the trial ended in a not guilty and the second was dismissed after the motion hearing and prior to trial for insufficient evidence.  These are just two of the many examples that can come to light in an OUI defense.

OUI Registry of Motor Vehicle Penalties

What about license implications?  Immediately following the declaration of not wanting to serve any jail time is the statement regarding the need to drive.  On a first offense OUI and in limited circumstances on a second offense, a person is entitled to a hardship license only a few days after resolution of their case.  The question of whether a client can get a hardship license or have his license reinstated hinges on three major factors – whether the license was suspended as a result of a chemical test refusal (CTR), if the client’s license was suspended for failing the breath test or breathalyzer and whether the case results in an ultimate conviction and, if so, how many prior offense the individual has.  In Newburyport and throughout Massachusetts, there is lifetime lookback for OUI offense.  Whether a person had an OUI in Salisbury, West Newbury, Boston, Framingham or another city in Massachusetts or another state entirely does not matter.  In addition and in most circumstances, the RMV does not give credence to the manner in which the court ultimately resolves the case.

In Massachusetts the RMV or Registry of Motor Vehicles will count EVERY prior OUI for purposes of license suspension.  In that respect, the client is still entitled to a hearing on whether the license suspension was valid – for chemical test refusal or otherwise.  However, if you are eligible to contest the license loss for refusing to take the breathalyzer, that appeal must be asserted within fifteen days of the original arrest or your rights to contest the chemical test refusal are forfeited.  The Registry of Motor Vehicle license implications and hardship requirements are on their website.

Professional Licensure Questions

Professional licensure implications are very fact specific depending upon your area of expertise and licensure.  It is important to share any specific information with your attorney so that you can address those implications and potential minimize any ramifications as a result of any OUI conviction.

Board of Probation Record

The OUI or Drunk Driving charge will always be on your record as an entry, but the manner in which it can be viewed is very different dependent upon the resolution of your case.  Often people believe that when their case is “dismissed” it disappears entirely from their record – this is inaccurate.  In Massachusetts there are seven official categories of access to a criminal record – this designation based upon employer determines the level of access and what that employer will see upon requesting a formal record check.  For standard access, the level that most employers have, they would see a first offense or second offense OUI conviction for five (5) years from the date of the conviction.  If, however, your attorney can negotiate a plea for a Continuation without a Finding (CWOF) that period is substantially reduced.  Furthermore, the resolution of your matter affect the manner and timing in which you can ultimately move to seal your criminal record and reduce the access for potential employers.

Under the Massachusetts General Laws c. 90 s. 24 which governs OUI, the laws are extremely complex and confusing.  The associated fines and penalties are high.  It is important to seek out experienced counsel and discuss, in full, your case and any associated implications or penalties.  If you are looking for a free consultation on your OUI charge, contact Criminal Attorney Kristen Bonavita at her Newburyport Office – 978-376-6746.