Fall River, Massachusetts OUI Criminal Defense Attorney

Arrested for OUI in Fall River, Massachusetts?

In Massachusetts, once you have been cited for violating the OUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Massachusetts RMV (Registry of Motor Vehicles). While both actions can result in the suspension of your driving privileges in Massachusetts, it is imperative to remember that there may be more penalties to consider and each action must be handled separately.

Being charged with OUI is a serious offense that can have serious repercussions, including jail time, loss of driving privileges, and monetary fines. It is important that anyone facing an OUI charge understand what challenges they will encounter. Finding the legal advice of an accomplished and experienced OUI defense lawyer will help you understand all of your rights and options.

Massachusetts Melanie's Law and Ignition Interlock Devices

The Massachusetts RMV (Registry of Motor Vehicles) formed a Drunk Driving Advisory Committee to review and discuss current Massachusetts Registry of Motor Vehicles regulations, policies and procedures associated with the administration of the laws governing drunk driving. The Committee consists of representatives from the Executive Office of Public Safety, the Governor's Highway Safety Bureau, the Department of Public Health, Mother's Against Drunk Driving (MADD), Massachusetts state and local law enforcement, Massachusetts Registry of Motor Vehicles staff and other interested parties.

Melanie's Law was passed on October 28, 2005. The purpose is to enhance the penalties and administrative sanctions for OUI (Operating Under the Influence) offenders in Massachusetts. Melanie's Law required the creation of a state run ignition interlock program by January 1, 2006. The Massachusetts Registry of Motor Vehicles researched appropriate approaches and equipment, recruited vendors, established standards for operation drafted memorandums of agreement with approved vendors, and trained existing Massachusetts Registry of Motor Vehicles staff to oversee the new program. Multiple OUI (operating under the influence) offenders are now required to install an Ignition Interlock Device (IID) in their vehicle upon issuance of a hardship license or at full license reinstatement.Melanie's bill increases the waiting period to apply for a hardship license for a first and second offense.

Penalties for First Time OUI (operating under the influence) Offenders

• Jail Time - A first time OUI offender will face imprisonment up to two and a half years.
• Chemical Test Refusal - In Fall River, Massachusetts, refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges in Massachusetts for 180 days.
• Massachusetts Driving Privileges and OUI - In Fall River, Massachusetts, an OUI conviction results in the revocation of Massachusetts driving privileges for 1 year.
• Monetary Fines - In Fall River, Massachusetts, the fine for a first time OUI is a minimum of $500.00, up to a maximum of $5,000.00.
• Commercial Drivers - Commercial drivers are in violation of the OUI statute with a BAC (Blood Alcohol Content) level of 0.04. A first time OUI (operating under the influence) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent OUI offenses will result in a lifetime loss of the commercial license in Massachusetts.
• Alcohol Evaluation - Successful completion of a drug and alcohol evaluation and any treatment program required by the evaluating agency is required for reinstatement of driving privileges.

OUI Subsequent Offenses

Penalties are increasingly more severe for any additional OUI violations. Due to the complexity of OUI laws in Massachusetts, you may not be aware of rights and options. This is why an accomplished and experienced defense lawyer can guide you through this emotionally challenging process. Please contact a Massachusetts OUI defense lawyer for a fast and free consultation.

Massachusetts OUI Administrative Hearing

Pursuant to Massachusetts law, an individual has 15 days to request an administrative hearing from the Massachusetts Registry of Motor Vehicles. If you fail to request a hearing within 15 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is crucial that you submit your request to the Massachusetts Registry of Motor Vehicles within 15 days. Call a local Fall River, Massachusetts OUI criminal defense attorney for a professional and free consultation.