It can be frightening to get charged with a first offense DUI in Massachusetts (where it’s locally termed “Operating Under the Influence” or OUI). After all, a drunk driving charge on your record can affect employment opportunities, your driver’s license, and a whole lot more in your personal life. It’s common to wonder how long that OUI first offense will affect you.
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First DUI Conviction: Is it a Felony or Misdemeanor?
Your first DUI conviction (or OUI conviction in Massachusetts) is most likely considered a misdemeanor. This is because both first and second offenses are categorized as misdemeanors in Massachusetts unless serious circumstances such as death and severe injuries are involved. Only conviction for a 3rd and subsequent OUI will always result in a felony on your criminal record.
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3 Things You Need to Know About Your First DUI Court Appearance
Your first DUI court appearance in Massachusetts, as in any other state, is the arraignment. This is simply a time to read the charges against you and determine how you would like to plead in your case: Guilty or Not Guilty. Typically, the court will automatically enter a Not Guilty plea on the arraignment date.
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How First DUI / OUI Laws in MA Compare With Other New England States
Knowing the differences between OUI / DUI laws in MA and other states across the country can be challenging. DUI laws (or OUI laws, if you’re in Massachusetts) can be similar from state-to-state, but their differences can significantly affect how a first DUI / OUI is treated.
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How to Get Your First DUI Dismissed Without a Conviction
Getting a first OUI / DUI dismissed may sound like a far-fetched idea, but with the right Massachusetts attorney on your side, it doesn’t have to be.
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Should I Get a Lawyer For My First DUI / OUI in Massachusetts?
The first thing you should do when facing a DUI / OUI in Massachusetts is to contact an attorney. You’re going to have a lot of pressing questions and concerns about your OUI charge, and a DUI / OUI lawyer is the person who can help you work through them. So, if you’re asking yourself, “should I get a lawyer for my first DUI or OUI charge,” the answer is an emphatic yes!
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When You Get an OUI on New Year’s, This is What You Should Do
When You Get an OUI on New Year’s, This is What You Should Do
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The Dos and Don’ts of a First OUI Charge
The Dos and Don’ts of a First OUI Charge
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If You Get an OUI on Thanksgiving, Here’s What To Do
If you had too much to drink with friends at home for Thanksgiving or too much wine at Thanksgiving dinner and got pulled over on your way home for driving drunk, you’re not alone. Thanksgiving is one of the biggest days of the year for OUI arrests. But what do you do when you get an OUI on Thanksgiving? There are two main things.
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Here’s What to Expect When You Get an OUI on Halloween
On holidays, it’s typical for people to celebrate with alcohol—especially on holidays like Halloween, New Year’s Eve, or St. Patrick’s Day, when drinking and partying are integral to many people’s celebrations. This means that holidays like Halloween see a sharp increase in OUI arrests and subsequent OUI charges. If you ever get arrested for an OUI on Halloween, here’s what you should expect.
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How Penalties For a First OUI in Massachusetts Compare to Other States
It’s often said that the penalties for a first offense OUI in the state of Massachusetts are harsh, but how do the penalties here compare with first OUI penalties in other states? The answer: it depends. In 2017, WalletHub ranked Massachusetts as the state with the 22nd strictest OUI penalties. Other sources have listed Massachusetts as one of the strictest states for first-time OUI offenders because the possible maximum jail time is the highest in the country.
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Is a Lawyer Worth the Money for a First Offense OUI?
The Consequences of an OUI Conviction In Massachusetts, a first offense OUI is a misdemeanor, which may not seem like a big deal, but Massachusetts has some of the most stringent OUI laws in the country. Individuals convicted of OUIs in Massachusetts can face up to two and a half years of jail time. While this is not a common consequence for a first offense OUI, it does happen. Even if you don’t face jail time with your conviction, OUIs carry a variety of serious penalties.
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Here’s What Happens When You Get Your First OUI in Massachusetts
First Offense OUI Court Process When you’re charged with an OUI for the first time, the first thing that will happen is that you’ll receive an official notice from the court with the details of your charges. This notice will also include information regarding your first official court appearance. This first appearance is called an arraignment. An arraignment is how the court formally charges a person with a crime.
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You’ve Been Charged With Your First OUI. Now What?
Getting charged with an OUI, especially for the first time, is a scary experience that raises a lot of questions. If you aren’t familiar with your state’s court system or OUI penalties, it probably feels like you’re looking into the great unknown. Let’s break down what you need to know—and what steps you need to take—when you’ve been arrested for an OUI.
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A Breakdown of First Offense OUI Penalties
If you’ve been charged with an OUI in Massachusetts and are awaiting your court date, you may be wondering what’s going to happen if you’re convicted. In this blog, we’ll break down all the possible penalties for a first offense OUI.
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DUI Checkpoints: What are They and What to Do?
DUI checkpoints in Massachusetts are part of an ongoing campaign of efforts, conducted by law enforcement and the state government, against drunk driving. The intention is to reduce drunk driving accidents without conducting unwarranted searches, which would compromise citizens’ constitutional rights. Read on to learn more about what OUI/DUI checkpoints are and what’s expected of you if you’re ever stopped at one.
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Do I Need a Lawyer If I Plan to Plead Guilty to OUI in Massachusetts?
It may seem as though an OUI/DUI case is cut and dry if you intend to plead guilty; a lawyer may seem superfluous. The reality is that no matter how you intend to plead, it’s in your best interest to always have legal representation for OUI/DUI charges. There are a few reasons why.
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Are Breathalyzers Accurate?
The Massachusetts legal system has had a fraught relationship with breathalyzers for years that has prompted many to question if breathalyzers are accurate. However, the answer to the question “are breathalyzers accurate” isn’t straightforward. The short answer is: breathalyzer test accuracy depends on the circumstances. In theory, they should be perfectly accurate. In practice, the full answer is more complicated than that.
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How Does an OUI Affect Your Auto Insurance?
A conviction for operating a vehicle under the influence, more commonly referred to as an OUI or a DUI, has a variety of consequences. The administrative penalties include license suspension and license reinstatement fees. The criminal penalties include fines, jail time, and ignition interlock device installation. But outside of the legally-imposed repercussions of an OUI, there are other potential consequences that people typically aren’t aware of until they’re dealing with it themselves.
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Is an OUI a Felony in Massachusetts?
A felony is the most serious kind of crime with which a person can be charged. Because felonies are so serious, they come with mandatory prison sentences. DUI and OUI laws vary from state to state, so the categorization of OUI charges as either a misdemeanor or a felony can depend on your location. So is an OUI a felony in Massachusetts? The answer is: it depends.
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Courts Continue to Challenge Breathalyzers in Massachusetts DUI Cases
OUI/DUI cases in Massachusetts have had a complicated relationship with breathalyzer test evidence for a few years now—a relationship that only continues to develop as the District Court makes additional rulings on the subject.
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The Community Caretaking Doctrine in Commonwealth vs. Sargsyan
It’s common knowledge that police officers are not able to search for evidence of criminal activity without a warrant. The Fourth Amendment outlines this limitation in order to protect the rights of citizens. However, there are exceptions to this limitation, one of which is the community caretaking doctrine.
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How to Use Avvo to Find a DUI Lawyer
Finding a lawyer is a daunting task and it’s one you often have to deal with during an already stressful time. You want the best representation possible, but there are so many factors to consider. So, how do you go about choosing a lawyer? One option is to use an online lawyer directory like Avvo.
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How to Use Super Lawyers to Find a DUI Lawyer in MA
Finding an attorney can be an overwhelming task. When you’re dealing with a difficult legal situation, such as a OUI/DUI charge, you’re going to be stressed and in search of a well-reviewed lawyer who has the experience to guide you through the complicated legal process and who will work hard to ensure you get the best outcome possible on your case. It’s important to know what resources are available to you while looking for a lawyer. One useful option to leverage in your search is the website Super Lawyers.
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What’s the Difference Between a DUI vs. Reckless Driving Charges?
In the state of Massachusetts, reckless driving charges and DUI charges are not the same offense and have some unique features.
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