Being charged with Operating Under the Influence (OUI) in Dover, Massachusetts, can have severe legal consequences, including license suspension, hefty fines, and potential jail time. If you've been arrested for OUI, you need a skilled and aggressive defense attorney to fight for your rights and protect your future.
At the Marin, Barrett, and Murphy Law Firm, our experienced OUI attorneys have a proven track record of challenging OUI charges and securing dismissals, reduced penalties, or alternative resolutions for our clients.
Facing an OUI charge in Dover? Call (857) 229-2442 now for a free consultation.
Understanding OUI Laws in Massachusetts
In Massachusetts, OUI is defined under General Laws Chapter 90, Section 24. You can be convicted of OUI if the prosecution proves either:
- Your Blood Alcohol Concentration (BAC) was 0.08% or higher (0.02% for drivers under 21).
- You were impaired due to alcohol or drugs based on police observations, regardless of BAC.
Massachusetts does not allow plea bargains for a lesser charge, making it critical to fight an OUI arrest aggressively with an experienced defense attorney.
Penalties for an OUI Conviction in Dover, Massachusetts
The penalties for an OUI conviction depend on whether it is your first offense or a repeat offense.
First Offense OUI
- Jail Time: Up to 2.5 years (rare but possible).
- Fines: $500 β $5,000.
- License Suspension: Up to 1 year (possible hardship license after 3 months).
- Alternative Option: A 24D Disposition allows first-time offenders to enter an alcohol education program, reducing their suspension time.
Second Offense OUI
- Jail Time: 30 days to 2.5 years.
- Fines: $600 β $10,000.
- License Suspension: 2 years.
- Ignition Interlock Device (IID) required upon reinstatement.
Third Offense OUI (Felony OUI)
- Jail Time: 180 days to 5 years.
- Fines: $1,000 β $15,000.
- License Suspension: 8 years.
- IID required upon reinstatement.
Additional Consequences of an OUI Conviction
- Increased car insurance rates.
- Mandatory probation and alcohol education programs.
- Possible job loss or difficulty finding employment.
Massachusetts Chemical Test Refusal Penalties
Refusing a breathalyzer or blood test results in an automatic administrative license suspension by the RMV. Massachusetts has a lifetime lookback policy, meaning that any prior OUI convictions increase the penalties for refusal.
Number of Prior OUI/Refusals | Suspension Period |
---|---|
None |
180 days |
One |
3 years |
Two |
5 years |
Three or more |
Lifetime |
Important Notes on Refusing a Chemical Test
- If convicted of OUI after refusing a test, both suspensions apply (one for refusal, one for conviction).
- No hardship license is available during the refusal suspension period.
- To reinstate your license after a refusal suspension, you must request an RMV hearing.
How Long Does the State Have to File OUI Charges?
The statute of limitations for OUI in Massachusetts is 6 years. However, charges are usually filed immediately after an arrest.
Defenses Against OUI Charges in Dover
At the Marin, Barrett, and Murphy Law Firm, we analyze every aspect of your case to identify the best possible defense strategy. Common OUI defenses include:
-
Illegal Traffic Stop
If the police did not have probable cause to stop your vehicle, all evidence collected may be inadmissible in court. -
Faulty Breathalyzer or Blood Test Results
Breathalyzer machines must be calibrated and maintained properly.
Certain medical conditions (acid reflux, diabetes) can cause false positive BAC results. -
Field Sobriety Test Errors
Poor road conditions, bad weather, or pre-existing physical conditions can cause false indicators of intoxication. -
Rising BAC Defense
Alcohol takes time to be absorbed into the bloodstream. Your BAC may have been legal while driving but increased by the time of testing. -
Violation of Constitutional Rights
If law enforcement failed to read your Miranda rights or obtained evidence unlawfully, your case could be dismissed.
Where Will Your Case Be Heard?
If you were arrested for OUI in Dover, your case will be handled at:
π Dedham District Court
631 High St., Dedham, MA 02026
π (781) 329-4777
Your arrest was likely handled by:
π Dover Police Department
3 Walpole St., Dover, MA 02030
π (508) 785-1130
Why Hire the Marin, Barrett, and Murphy Law Firm?
At the Marin, Barrett, and Murphy Law Firm, we are dedicated to defending individuals charged with OUI in Dover and throughout Massachusetts. We work tirelessly to reduce or dismiss charges, helping you avoid the harsh penalties of an OUI conviction.
Why Choose Us?
- Experienced OUI Defense Attorneys β Decades of experience handling Massachusetts OUI cases.
- Aggressive Defense Strategies β We fight to suppress evidence and challenge test results.
- Personalized Legal Representation β Every case is different, and we tailor our approach to your situation.
- 24/7 Availability β We are always available to answer your questions and provide legal guidance.
If you have been charged with OUI in Dover, time is critical. Call us today to protect your future.
Contact a Dover OUI Lawyer Today
π Marin, Barrett, and Murphy Law Firm
572 Washington Street, Suite 21, Wellesley, MA 02482
π (857) 229-2442
π Charged with OUI? Call now for a free consultation. We are ready to fight for you.