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OUI & DUI Defense Lawyer in Quincy

Massachusetts DUI & OUI Attorney

One night on the town could suddenly change your life. Although no one ever expects to get arrested after a couple of drinks, when the unimaginable occurs, you must be able to rely on your choice of legal representation.

At Flanagan & Associates, our Quincy criminal defense attorney is ready to spring into action in order to protect your rights, freedoms, and interests at a time when you need help the most. No matter how complex your case may seem, no matter how incriminating the evidence, and no matter how high the stakes, our firm is ready to protect you.

Just a few of our accomplishments that separate us from the competition:

  • Superb 9.7 Rating by Avvo, Inc. for Criminal Defense and DUI
  • 2014 Clients' Choice Award by Avvo
  • 2013 Clients' Choice Award for DUI and Criminal Defense
  • Solid track record in and out of court
  • Countless satisfied client testimonials
  • Former private investigator

Can a first time DUI be dismissed?

There are many ways to defend your OUI/DUI charge and work to get your DUI case dismissed. There are many ways to challenge evidence in your case. If the arresting officer was inexperienced and did not follow protocol correctly, you could have your case dismissed. If you were not properly observed for 15 minutes, and you had vomited or burped in the 15 minutes prior to your Breathalyzer test, your BAC could have registered as higher than it actually was.

Though police officers are increasingly using the breathalyzer device to test an individual's blood alcohol content (BAC) level, it can often be an erroneous breath test. In some instances, officers do not use the proper procedure in administering the test because they fail to conduct the required procedures.

Penalties and Options for First-Time OUI Offenders

Massachusetts laws are tough on OUI offenders. The state has implemented laws in recent years that have increased certain OUI-related penalties, such as penalties for those who refuse chemical tests when suspected of the offense. The state does, however, have options for some first-time offenders, which can help them avoid prison time. Speak with a qualified Weymouth OUI attorney to learn more about what can be done on your behalf.

A driver convicted of OUI for the first time in Massachusetts could be sentenced to up to two-and-a-half years in prison, a fine ranging between $500 and $5,000, or both imprisonment and the fine together, according to Massachusetts' General Laws Chapter 90, §24(1)(a)(1) (2012). These penalties are less severe than those inflicted on second-time or subsequent offenders.

Penalties become more severe with the number of repeat offenses:

  • Second Offense - $600-$6,000 in fines, license suspension for 2 years, and 30 days to 30 months in prison
  • Third Offense - $1,000-$15,000 in fines, license suspension for 8 years, and 150 days to 5 years in prison
  • Fourth Offense - $1,500 to $25,000 in fines, license suspension for years 10, and 2 to 5 years in prison.
  • Fifth Offense - $2,000 to $50,000 in fines, indefinite license suspension, and no less than 2.5 years in prison.

There is a chance a first-time offender could be given the option of serving probation and completing an alcohol treatment program, which can be done in place of a prison sentence. For this to be possible, the defendant must have never previously been convicted of the OUI or assigned to attend a drug or alcohol education, treatment or rehabilitation program because of two or more similar offenses.

The court will need to review the defendant's driving record and criminal record. If it is determined that the individuals would benefit from such a program and that this option would not endanger the public, there is a chance the defendant could take advantage of this alternative sentencing.

Providing DUI/OUI Counsel In Hingham, Brockton & Plymouth

A strong attorney might be able to help a defendant reach a "not guilty" verdict. There might be evidence that shows the arresting officer did not follow procedures properly, that the defendant was wrongly accused, or that there is not enough evidence to lead to a conviction. While this is the ultimate goal in OUI cases, there are also times in which a conviction is unavoidable. In these instances, the right attorney might be able to help a defendant receive an outcome that results in the least amount of damage to his or her life.

The specific penalties for initial and subsequent charges can range on a case-by-case basis. If you have been arrested or charged with a DUI or OUI in Massachusetts, it will be imperative that you work with a skilled legal professional as soon as possible.

Call our office today to schedule your free case evaluation and consultation. Let us help you protect your freedom and driving privileges in Hingham or the surrounding areas!