MA OUI Attorney | Massachusetts Drunk Driving Lawyer

OUI Operating Under the Influence and Negligent Operation of a Motor Vehicle in Massachusetts

Like most states, Massachusetts is serious about stopping drunk drivers from driving under the influence and imposes the highest possible sanctions on those convicted to attempt to send a clear message to would be offenders not to drive drunk or high.

There are instances however, where individuals are wrongfully accused due to no probable cause for pulling over a driver, incorrectly administered field sobriety testing, the viability of breathalyzers, and where clients rights are compromised by failure of law enforcement to properly inform a suspect of their Miranda rights, or fail to read them entirely.

RECENT OUI CASE FEATURED IN: Rhode Island Lawyers Weekly - Click Here

Contact Massachusetts OUI Defense Attorney John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Operating Under the Influence (OUI) Laws and Penalties

Multiple OUI and Other Driving Related Charges: 60 Days Jail with Probation.

Massachusetts man is charged multiple Operating under the Influence (OUI) of Alcohol and other related motor vehicle offenses while on probation for a prior OUI and related offenses in June 2010 where he represented himself in court.

Ten months later while still on probation the man was pulled over again in May 2011. A chemical breath test revealed his BAC of .17. The man was charged with OUI (2d offense) and multiple motor vehicle charges. He pleaded not guilty, was released on bail, and retained Attorney Calcagni.

In October 2011, five months later, the man was stopped again. This time BAC registered at .18 – a third time above the legal limit within a sixteen (16) months. As a result, he was charged with OUI (3d offense); Negligent Operation of a Motor Vehicle; and Operating an Unregistered Motor Vehicle.

RESULT: Attorney Calcagni convinced all parties not to impose a significant jail sentence and sentenced to only 60 days in jail and probation.

TESTIMONIAL: After picking up three consecutive OUI charges in fifteen months, I could have been spending the next two years in jail away from my
family, friends, and business. John was by my side every step in the way. I felt very confident with him as my attorney. Each decision was planned, explained, and executed clearly so I always knew what was going on. With the support John provided, I always felt a sense of comfort and optimism throughout the entire process even though it was my first time in the court system as well as a correctional facility. He was there for my family and friends while I was away and also spoke
on my behalf at my place of work to insure that my job would be
waiting for me when I was released in just 50 days. To this day, John
and I keep in touch during the aftermath of my jail sentence and
release back into the world. He is an attorney that cares about those
he represents during and after the case; and all for a reasonable price: I appreciate all you have and continue to do for me John. Thanks again.

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The basic provisions of MAGL for operation of motor vehicles and operating under the influence are provided for in the text of Chapter 90 Section 24 where sentences are given for second (and subsequent) offenses, treatment programs, and fleeing the scene of an accident. The pertinent portions of this law state that anyone operating any kind of motor vehicle with a blood alcohol level of .08 or greater, or while under the influence of any narcotic, prescription drug, hallucinogenic, marijuana or other defined intoxicating or illegal substance, in any place where other licensed drivers also have access and permission to drive, will be fined not less than $500 and not more than $5,000, or subject to imprisonment of up to two and a half years, or both.

If there has been a previous conviction, the fines range from $600 to $10,000, with prison sentences of 30 days to two and a half years, with no eligibility for probation until the 30 days at a minimum is served. With each instance of conviction the fines and prison sentences increase, as well as the combinations of both fine and prison sentence. A person found guilty of negligently driving a vehicle under the influence of anything intoxicating or narcotic in nature more than four times will be subject to both a fine of up to $50,000, and prison time of up to 5 years.

Contact MA Operating Under the Influence Criminal Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Refusal to Submit To a Chemical Test / Breathalyzer Refusal

Chapter 90 Section 24 (4) (e) "Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood in the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor..."

Simply by stepping into a car in or driving through Massachusetts you have, according to the state, automatically consented to submit to a chemical test. Refusal to do so (also called breathalyzer refusal or breath test refusal) comes with stiff and immediate penalties. If you are pulled over under suspicion of operating under the influence and refuse to submit a chemical test, your license will be confiscated on the spot by the police officer. You only have 15 days to request a hearing before the registry of motor vehicles to contest the license suspension. Your best move is to contact a qualified and experienced Refusal Defense Attorney.

Refusal to Submit to a Chemical Test Massachusetts Penalties

If you refuse the chemical test or breathalyzer and you have no prior OUI or refusal convictions* there is an automatic license suspension is for 180 days for refusing the chemical test. If you have prior convictions* license suspension is more severe.

One (1) Prior OUI conviction: three year license suspension
Two (2) Prior OUI convictions: five year license suspension.
Three (3) Prior OUI convictions: lifetime loss of license.

*Refusal convictions and prior convictions include out of state offenses as well as assignments to alcohol treatment programs. Those suspected of OUI, are under the age of 21 and refuse the breathalyzer or chemical test face a mandatory three year loss of license.

Contact MA Refusal to Submit to a Chemical Test Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Negligent Operation of a Motor Vehicle, Driving to Endanger, Operating to Endanger or Reckless Driving

Operating Under the Influence of Alcohol; Negligent Operation of a Motor Vehicle; Unlicensed Operation; Seat Belt Violation; and Marked Lanes Violation: Continued without a Finding

Police pull motorist over on highway after observing him braking abruptly and drifting among the travel lanes. Motorist was not wearing a seatbelt and appeared to be intoxicated. He then failed series of field sobriety tests and urinated in backseat of police car on way to the station. A chemical breath test revealed motorist’s BAC at .22. Accordingly, he was charged with Operating Under the Influence of Alcohol; Negligent Operation of a Motor Vehicle; Unlicensed Operation; Seat Belt Violation; and Marked Lanes Violation.

RESULT: Successfully negotiated a finding of not responsible for the two violations; dismissal of the Unlicensed Operation charge; and a continuation without a finding and no criminal conviction imposed with both Operating Under the Influence and Negligent Operation charges.

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Also covered under Chapter 90 Section 24 are the crimes of Negligent Operation of a Motor Vehicle, Driving to Endanger, Operating to Endanger, and Reckless Driving. These charges can result in serious consequences in the State of Massachusetts and if you have been arrested and charged with any of these you should contact an a qualified Criminal Defense Attorney immediately to fight against the fines, license loss, and potential jail time you may face.

To be charged you must be the operator of a motor vehicle, in a place where the public has access, and you must be operating in a negligent manner that might have endangered the lives or safety of others. The standard in this situation is that your actions were not those that a reasonable person would have chosen, and that by doing so, you created a dangerous situation, for those around you, that could have been avoided. You do not need to have had an actual accident to be found guilty of this crime. If found guilty of negligent operation of a motor vehicle, you face the possibility of a 2 year prison sentence.

A person found guilty of negligently driving a vehicle under the influence of anything intoxicating or narcotic in nature more than four times will be subject to both a fine of up to $50,000, and prison time of up to 5 years.

If you are facing the unfortunate situation of a operating under the influence or negligently operating a motor vehicle charge, contact a Massachusetts criminal defense attorney immediately to preserve your rights and avoid any possible prison sentence.

Contact Massachusetts Negligent Operation and Reckless Driving Attorney John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Operating Under the Influence (OUI) with Manslaughter Resulting

Refusal to Submit to Chemical Test (2d Offense): Charge Amended and Reduced

Police notified of motorist unconscious behind the wheel of running automobile blocking cars. Police successfully woke motorist who appeared to be heavily intoxicated. Motorist fails a series of field sobriety tests and then refused to participate in chemical breath test. Accordingly, Defendant charged with Refusal to Submit to Chemical Test (2d Offense).

RESULT:Successfully negotiated amendment of this charge to Reckless Driving, which was filed for 1 year and no criminal conviction imposed.

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Under Massachusetts General Laws Chapter 265 Section 131(2), passed in accordance with Melanie’s Law, states that there is a mandatory 5 year prison sentence for anyone found to be operating under the influence with manslaughter (death) resulting. The maximum sentence for this offense is twenty years in prison, a fine of $25,000, a minimum fifteen year to lifetime suspension of license imposed after a conviction, with a provision in the law to allow for the possibility of eligibility for employment in work release programs after a period of time.

Defendants in these cases must realize that the consequences for violations of the laws governing the operation of motor vehicles and substance abuse while in the operation of a motor vehicle are quite severe and require the assistance of a qualified experienced professional OUI defense attorney immediately upon being charged.

Contact the Massachusetts Manslaughter and OUI Defense Lawyers with John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Facts to know about OUI and Breathalyzer Refusal in Massachusetts

Some facts concerning a MA ticket for operating under the influence that are worth noting, as well as mistakes many clients make after being arrested:

You will have 15 days to appeal the ticket or your license will be automatically suspended ~ Your OUI defense attorney will be able to avoid the suspension altogether by filing an appeal before the 15 day time limit expires. If you wait until after the 15 days limit expires, your lawyer may or may not be able to get your license reinstated.
Failing to take the offense seriously ~ Drunk driving, especially those who are being charged for the second offense or higher, carries very stiff penalties for those convicted. Additionally, if you are being charged in a second offense of operating under the influence, or third offense or more, it is definitely time to investigate a substance abuse treatment program or facility where you can get to the foundation of your addiction and save your own life as well as the lives of your potential future victims.
Failing to hire an attorney immediately, hiring the wrong attorney or hiring an attorney based upon their fee alone ~ In order to be provided with the best possible defense, and avoid any possibility of serving a jail sentence, what price would you place on your freedom? Do not hire a bargain attorney, because you will receive a bargain defense. Invest in your own freedom and pay an appropriate legal fee for the attainment of a qualified experienced MA criminal defense attorney, and hire one immediately following your arrest.
Driving on your newly suspended license ~ If you are found guilty of this offense, you will serve a minimum of 60 days in jail, mandatory.
Failure to appear in court ~ You will lose any bond you posted initially to get out of jail, and the court will issue a bench warrant for your arrest placing you back in jail when you are picked up on the warrant.
Planning to handle your own case ~ Many defendants figure that if they speak to several attorneys about their case they will gain enough information to represent themselves and avoid paying legal fees, failing to realize that without an experience Massachusetts drunk driving attorney by their side they run the risk of a serious conviction by a DA or judge who is upset by their assumption that they can defend themselves adequately against the charges.
Neglecting to prepare for your sentencing ~ Hoping for the best while preparing for any outcome is the best advice to heed. Consider attending some AA meetings, or rehabilitation programs prior to your sentencing to allow the judge to see that you are making an effort at overcoming your addiction and problem.
Incriminating yourself ~ Every person you tell your drunk driving story to other than your attorney is a potential witness at your trial. Remember that anything you say to anyone can and will be used against you.

Contact Massachusetts OUI and Breathalyzer Refusal Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

While there are also many instances where individuals with no criminal record, no history of driving drunk or operating under the influence are simply in the wrong place at the wrong time, and are charged based upon the assumptions and observations of the arresting officer, there are equally as many cases of people who are legitimately driving drunk.

If you are facing the unfortunate situation of an operating under the influence or negligently operating a motor vehicle charge, contact a Massachusetts criminal defense attorney immediately to preserve your rights and avoid any possible prison sentence.

Contact the MA OUI and Breathalyzer Refusal Defense Attorneys with John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION

ADMITTED TO PRACTICE IN:

Rhode Island         2003
Massachusetts       2003
Connecticut           2005
New York              2005
Florida                   2008
U.S. District Court for Northern District of New York         2004
U.S. District Court for Eastern District of New York            2010
U.S. District Court for Southern District of New York         2010
U.S. District Court for the District of Rhode Island              2008
U.S. District Court for the District of Massachusetts            2008
U.S. District Court for the District of Connecticut               2009
U.S. District Court for the District of Columbia                   2010
U.S. Court of Appeals for the First Circuit                           2004
U.S. Court of Appeals for the Second Circuit                       2011
U.S. Army Court of Criminal Appeals                                 2011
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U.S. Supreme Court                                                             2009