An Operating Under the Influence (OUI) Conviction in Massachusetts carries harsh penalties and lengthy license suspensions. Because there is no lookback period in the state, you could be charged with second, third, and fourth offenses even if prior offenses were decades ago. It is imperative that you contact a criminal defense attorney that specializes in OUI cases if you have been arrested for operating under the influence. While there is no guarantee that you can avoid a conviction, there are things you can do to lessen the chances of such.
How to Avoid an OUI Conviction
One of the best ways to avoid an OUI is to not drink and drive. However, if you have already been arrested for an OUI, you will need to employ a few techniques to avoid a conviction.
- Know the Legal Limit – In Massachusetts, the legal BAC limit is 0.08 percent for drivers 21 and over, 0.04 percent and higher for commercial vehicle drivers, and 0.02 percent or higher for drivers under the age of 21.
- Be Polite and Courteous to Officers – While being polite will not change your blood alcohol level, it could determine whether you are officially charged and if you are charged with additional crimes, such as resisting arrest. Answers you give the police and how you speak can be used against you, so always be courteous, but do not give more information than necessary.
- Do Not Resist the Chemical Test – Some drivers assume that refusing to take the chemical test is the best way to avoid an OUI conviction. Unfortunately, refusing the test will result in an automatic, longer license suspension and you could be charged with the OUI anyway.
- Do Not Admit Anything to the Police – If you have been pulled over or you are taken into custody, do not admit anything to the police. Even if you think you are drunk, do not admit to it or tell the officers how many drinks you have had. They can perform a BAC if they feel you are over the legal limit. Most importantly, do not plead guilty to the DUI, even if your BAC comes back over the legal limit.
- Contact an OUI Attorney – Contact an attorney that has experience handling OUI/DUI cases. An attorney can offer up a viable defense in your case and possibly help you avoid a lengthy jail sentence or even an automatic license suspension. Because chemical tests and even field sobriety tests are inaccurate, your attorney may be able to challenge the evidence against you and have your OUI case thrown out.
While there is no guarantee that you can avoid an OUI, employing these methods may reduce the chances of a conviction.
Arrested for an OUI? Contact Keegan Law Today
If you have been arrested for an OUI, whether it is your first offense or fifth, contact Keegan Law today. We offer representation for those arrested for OUI and open container offenses. Call us at 617-472-1653 for a consultation or fill out an online contact form and an attorney will be in touch with you shortly.