An OUI (Operating Under the Influence) charge in Wellesley, MA can have serious legal and personal consequences. A conviction can lead to license suspension, hefty fines, probation, and even jail time. Massachusetts has strict OUI laws, and without a strong legal defense, your future could be at risk.
At the Marin, Barrett, and Murphy Law Firm, we focus on OUI defense and have a proven track record of helping clients fight their charges. Our experienced attorneys know how to challenge evidence, breathalyzer results, and police procedures to get the best possible outcome for your case.
Charged with OUI in Wellesley? Call (857) 229-2442 for a free consultation today.
Understanding OUI Laws in Massachusetts
Massachusetts General Laws Chapter 90, Section 24 defines Operating Under the Influence (OUI) as:
- Having a Blood Alcohol Concentration (BAC) of 0.08% or higher (or 0.02% for drivers under 21).
- Operating a vehicle while impaired due to alcohol, drugs, or a combination of both.
Unlike other states, Massachusetts does not allow plea bargains to reduce an OUI to a lesser charge. You need a strong legal defense to challenge the evidence and fight for a dismissal or reduced penalties.
Penalties for an OUI Conviction in Wellesley
The consequences of an OUI conviction vary based on prior offenses:
First Offense OUI
- Jail Time: Up to 2.5 years (though rare for a first offense).
- Fines: $500 β $5,000.
- License Suspension: Up to 1 year.
- Hardship License: Available after 3 months (or immediately if enrolled in the 24D Disposition Program).
- Alternative Option: The 24D Program allows first offenders to avoid a conviction by completing an alcohol education course.
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, with IID requirement upon reinstatement.
Additional Consequences of an OUI Conviction
- Higher car insurance premiums.
- Mandatory alcohol education programs.
- Potential job loss or difficulty securing employment.
- Community service and probation requirements.
Massachusetts Chemical Test Refusal Penalties
Massachusetts has an "implied consent" law, meaning that refusing a breathalyzer or blood test results in automatic license suspension by the RMV.
Number of Prior OUI/Refusals | Suspension Period |
---|---|
None |
180 days |
One |
3 years |
Two |
5 years |
Three or more |
Lifetime |
Key Considerations for Refusing a Chemical Test
- If convicted of OUI after refusing the test, both suspensions apply (refusal suspension + conviction suspension).
- No hardship license is available during the chemical test refusal suspension period.
- License reinstatement requires an RMV hearing with a Hearings Officer.
Statute of Limitations for OUI in Massachusetts
The statute of limitations for an OUI charge in Massachusetts is 6 years, but most cases are prosecuted immediately following an arrest. If there is a delay in filing charges, a strong legal defense may argue for dismissal based on procedural violations.
Defenses Against OUI Charges in Wellesley
At the Marin, Barrett, and Murphy Law Firm, we use aggressive strategies to challenge OUI charges. Some possible defenses include:
-
Lack of Probable Cause for the Traffic Stop
If police stopped your vehicle without reasonable suspicion, the case may be dismissed. -
Breathalyzer or Blood Test Errors
Breathalyzer devices must be calibrated correctly, or results can be inaccurate.
Certain medical conditions (such as acid reflux or diabetes) can lead to false BAC readings. -
Field Sobriety Test Inaccuracies
Road conditions, weather, and physical impairments can cause false failures.
Police may administer the test improperly, making results unreliable. -
Rising BAC Defense
Alcohol takes time to absorb into the bloodstream, meaning your BAC may have been legal while driving but higher when tested. -
Violation of Constitutional Rights
If Miranda rights were not read properly or police conducted an illegal search, the case may be thrown out.
Where Will Your OUI Case Be Heard?
If you were arrested for OUI in Wellesley, your case will be handled at:
π Dedham District Court
631 High St., Dedham, MA 02026
π (781) 329-4777
Your arrest was likely conducted by:
π Wellesley Police Department
485 Washington St., Wellesley, MA 02482
π (781) 235-1212
Why Choose the Marin, Barrett, and Murphy Law Firm?
At the Marin, Barrett, and Murphy Law Firm, we provide aggressive OUI defense in Wellesley and throughout Massachusetts.
Why Clients Trust Us:
- Decades of Experience β Extensive background in OUI defense cases.
- Proven Track Record β We've successfully reduced and dismissed charges.
- Aggressive Legal Strategies β We fight to challenge evidence and protect your rights.
- 24/7 Availability β We're here whenever you need us.
- Personalized Defense Approach β Every case is unique, and we tailor a defense strategy to your specific situation.
If you've been charged with OUI in Wellesley, time is critical. Call now to start your defense.
Contact a Wellesley OUI Lawyer Today
Marin, Barrett, and Murphy Law Firm
π 572 Washington Street, Suite 21, Wellesley, MA 02482
π (857) 229-2442
π Arrested for OUI? Don't waitβcall now for a free consultation. We are ready to fight for you.