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Boston DUI Lawyer

NCDD National College for DUI Defense: Stephen Novick

Accused of OUI or DUI?

Have you been arrested for Operating under the Influence (OUI) or Driving Under the Influence (DUI) charges? According to Massachusetts §90.24(1)(a)(1)(2011), anyone who is found to be under the influence of alcohol or drugs while on a public roadway, could be convicted of DUI.

Penalties include:

  • $500 to $5,000 fine, and/or
  • Imprisonment up to two and a half years.

The legal limit for drinking and driving in every U.S. state is 0.08%. Also known as blood alcohol concentration or blood alcohol level, the blood alcohol content (BAC) is measured by chemical testing.

There are two major types of chemical tests:

  • Breath tests - Breathalyzer devices
  • Blood sample - analyzed in a lab

If you were arrested and charged with drunk driving in Boston or elsewhere in Massachusetts, call (617) 580-3449 today to speak with Keegan & Novick about your defense options.

Massachusetts DUI Laws: Melanie's Law

In our state, laws related to OUI/DUI are frequently changing and penalties are continually increasing. Since the passage of Melanie's Law in 2005, the penalties for DUI and OUI offenders are significantly greater and the number of arrests throughout the state has risen dramatically. According to the Massachusetts Government;

Melanie's Law establishes a new offense of Operating Under the Influence of Alcohol and Operating After Suspension for Drunk Driving. This means that a driver, who was driving under the influence of alcohol while his/her license was already suspended for OUI, can be charged with two crimes at once: 1.) OUI and 2.) OUI with a suspended license. This additional offense carries a minimum of a 1-year mandatory jail sentence.

Additionally, if you have permitted someone to operate your car knowing that he/she is unlicensed or has an interlocking ignition restriction, you can spend up to a year in jail and be liable for $500 in fines. Under this new law, anyone who operates a motor vehicle while under the influence with a child fourteen years old or younger in the car will receive more severe penalties, including up to 2 ½ years in the house of correction and a $5,000 fine.

Melanie's Law also required all multiple OUI offenders to install an Ignition Interlock Device (IID) in their vehicle. More than 400 Ignition Interlock devices have been installed since Melanie's Law was passed and a state-run program was initiated. The law also increased the length of license suspension to a minimum of 15 years for a conviction of Motor Vehicle Homicide, among other things.

DUI Traffic Stops in Boston

It's vital that you know and understand your constitutional rights at a traffic stop. Knowing your rights can effectively avoid an arrest and/or grounds for criminal charges in many cases. The same rights apply whether you are stopped in a routine traffic stop or at a sobriety checkpoint. They include:

  • The right to deny consent to a search of your vehicle (4 th Amendment)
  • The right to silence (5 th Amendment) - to avoid saying anything self-incriminating
  • The right to refuse a field sobriety test. These take place before an arrest and are used by law enforcement to obtain probable cause for an arrest.

As former police officers, we understand how drunk driving arrests work. We have made many of these arrests ourselves. From our experience, we know the flaws and blurred lines that often characterize these traffic stops. When we represent clients facing DUI/OUI charges, we often find flaws in the evidence or the way the arrest was made, which can effectively result in dismissed or diminished charges.

Call Our Boston DUI Attorneys at (617) 580-3449

Here at Keegan & Novick, we have over 40 years of collective experience in the criminal justice system. Both of our founding attorneys were former police officers, and they have extensive experience on both sides of the courtroom. This unique experience will come in handy when preparing a defense strategy for your OUI or DUI charges. To learn more about how our firm can represent your rights and succeed on your behalf, contact us today for an evaluation.

Keegan & Novick - Boston Criminal Defense Attorney
Located at 60 State Street, 7th Floor Boston, MA 02109. View Map
Phone: (617) 580-3449 | Local Phone: (617) 472-1653.
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