New Bedford, Massachusetts OUI Attorney

What happens if I was arrested for OUI in New Bedford?

Under Massachusetts law, 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 Registry of Motor Vehicles. While both actions can result in the suspension of your Massachusetts driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled on their own.

Being arrested for OUI is a serious offense that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is important that anyone facing an OUI charge have all of their questions answered. Seeking the legal advice of a competent and experienced OUI defense lawyer in New Bedford, Massachusetts will help you understand all of your options and rights.

Massachusetts Melanie's Law and Ignition Interlock Devices

The Massachusetts Registry of Motor Vehicles formed a Drunk Driving Advisory Committee to review and discuss current Massachusetts RMV 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 RMV 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 Operating Under the Influence (OUI) offenders in Massachusetts. Melanie's Law required the creation of a state run ignition interlock program by January 1, 2006. The Massachusetts RMV researched appropriate approaches and equipment, recruited vendors, established standards for operation drafted memorandums of agreement with approved vendors, and trained existing Massachusetts RMV staff to oversee the new program. Multiple operating under the influence (OUI) 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 operating under the influence (OUI) Offenders

• Chemical Test Refusal - In New Bedford, Massachusetts, refusing to submit to a test when requested by law enforcement will result in the revocation of Massachusetts driving privileges for 180 days.
• 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.
• Monetary Fines - In New Bedford, Massachusetts, the fine for a first time operating under the influence (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 blood alcohol content (BAC) of 0.04. A first time operating under the influence (OUI) 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.
• Massachusetts Driving Privileges and OUI - In New Bedford, Massachusetts, an OUI conviction results in the revocation of Massachusetts driving privileges for 1 year.
• Jail Time - A first time OUI (operating under the influence) offender will face time in jail up to two and a half years.

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 options and rights. This is why a competent and experienced defense lawyer can guide you through this emotionally challenging process. Please contact a Massachusetts OUI (operating under the influence) defense lawyer for a fast and free consultation.

Massachusetts operating under the influence (OUI) Administrative Hearing

Pursuant to Massachusetts law, an individual has 15 days to request an administrative hearing from the Massachusetts RMV. 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 RMV within 15 days. Call a local New Bedford, Massachusetts OUI criminal defense lawyer for a quick and easy consultation.