Being arrested for Operating Under the Influence (OUI) in Sherborn, MA can have serious consequences, including license suspension, heavy fines, and potential jail time. Massachusetts has some of the strictest OUI laws in the country, making it essential to have an experienced defense attorney by your side.
At the Marin, Barrett, and Murphy Law Firm, we aggressively defend clients facing OUI charges in Sherborn and throughout Massachusetts. We know how to challenge breathalyzer tests, field sobriety tests, and police procedures to help protect your license, record, and freedom.
If you've been arrested for OUI in Sherborn, call (857) 229-2442 for a free consultation today.
Understanding Massachusetts OUI Laws
Under Massachusetts General Laws Chapter 90, Section 24, it is illegal to:
- Operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher.
- Drive while impaired by alcohol, drugs, or both, even if BAC is below 0.08%.
- Drive with a BAC of 0.02% or higher if you are under 21.
Unlike other states, Massachusetts does not allow plea bargaining to reduce an OUI charge, which means that fighting the case in court is often the best option.
Penalties for an OUI Conviction in Sherborn
The severity of penalties depends on whether it's a first-time or repeat offense.
First Offense OUI
- Jail Time: Up to 2.5 years (though most first offenders avoid jail).
- Fines: Between $500 β $5,000.
- License Suspension: Up to 1 year.
- Hardship License: Available after 3 months with enrollment in the 24D First Offender Program.
- Alternative Sentence: The 24D Program allows first-time offenders to avoid a conviction by completing an alcohol education program.
Second Offense OUI
- Jail Time: 30 days to 2.5 years.
- Fines: Between $600 β $10,000.
- License Suspension: 2 years.
- Ignition Interlock Device (IID) required for reinstatement.
Third Offense OUI (Felony OUI)
- Jail Time: 180 days to 5 years.
- Fines: Between $1,000 β $15,000.
- License Suspension: 8 years.
- IID required upon reinstatement.
Other Consequences of an OUI Conviction
- Higher car insurance rates.
- Mandatory alcohol education programs.
- Probation and possible community service.
- Employment challenges due to a criminal record.
Massachusetts Chemical Test Refusal Penalties
Massachusetts follows an "implied consent" law, meaning if you refuse a breathalyzer or blood test, the RMV will automatically suspend your license.
Number of Prior OUI/Refusals | Suspension Period |
---|---|
None |
180 days |
One |
3 years |
Two |
5 years |
Three or more |
Lifetime |
Key Considerations for Chemical Test Refusal
- If convicted of OUI after refusing a test, both suspensions apply (refusal suspension + conviction suspension).
- No hardship license is available during the refusal suspension period.
- License reinstatement requires an RMV hearing.
Statute of Limitations for OUI in Massachusetts
The statute of limitations for OUI in Massachusetts is 6 years, but most cases are prosecuted immediately following an arrest. If there is a delay, an experienced defense attorney may argue for dismissal based on procedural violations.
Defenses Against OUI Charges in Sherborn
At the Marin, Barrett, and Murphy Law Firm, we use aggressive legal strategies to fight OUI charges, including:
-
No Probable Cause for the Traffic Stop
Police must have reasonable suspicion to pull you over.
If the stop was unlawful, the case may be dismissed. -
Breathalyzer or Blood Test Errors
Breathalyzers must be properly calibrated and maintained.
Certain medical conditions (like acid reflux or diabetes) can affect test results. -
Field Sobriety Test Inaccuracies
Poor lighting, uneven roads, and medical conditions can cause false failures.
Officers must follow strict guidelines when administering these tests. -
Rising BAC Defense
Alcohol takes time to absorb, meaning your BAC may have been legal while driving but increased by the time of the test. -
Violation of Constitutional Rights
If police failed to read your Miranda rights or conducted an illegal search, your case may be thrown out.
Where Will Your OUI Case Be Heard?
If you were arrested for OUI in Sherborn, your case will be handled at:
π Boston Municipal Court β Central Division
24 New Chardon St, Boston, MA 02114
π +1 617-788-8600
Your arrest was likely conducted by:
π Sherborn Police Department
19 Washington St, Sherborn, MA 01770
π (508) 653-2424
Why Choose the Marin, Barrett, and Murphy Law Firm?
At the Marin, Barrett, and Murphy Law Firm, we provide aggressive and strategic OUI defense for clients in Sherborn and throughout Massachusetts.
Why Clients Trust Us:
- Experienced OUI Defense Attorneys β We have years of experience successfully defending OUI cases.
- Proven Success Record β We have helped many clients reduce or dismiss their charges.
- Aggressive Defense Strategies β We challenge evidence, question police procedures, and fight for the best outcome.
- 24/7 Availability β OUI arrests happen anytime, and we're always available to help.
- Personalized Legal Representation β We analyze every case individually and tailor a defense strategy for your specific situation.
If you've been charged with OUI in Sherborn, don't wait. Time is critical in building a strong defense.
Contact a Sherborn OUI Lawyer Today
Marin, Barrett, and Murphy Law Firm
π 572 Washington Street, Suite 21, Wellesley, MA 02482
π (857) 229-2442
π Charged with OUI? Don't waitβcall now for a free consultation. We are ready to fight for you