Being charged with Operating Under the Influence (OUI) in Westwood, Massachusetts, can have serious legal and personal consequences. A conviction can lead to license suspension, fines, probation, and even jail time. If you've been arrested for OUI in Westwood, you need an experienced defense attorney who will fight aggressively on your behalf.
At the Marin, Barrett, and Murphy Law Firm, we focus on defending OUI charges, helping clients reduce or dismiss their charges and avoid the harsh penalties of a conviction.
Charged with OUI in Westwood? Call (857) 229-2442 for a free consultation today.
Understanding OUI Laws in Massachusetts
In Massachusetts, OUI is governed by General Laws Chapter 90, Section 24. The prosecution must prove:
- Your Blood Alcohol Concentration (BAC) was 0.08% or higher (or 0.02% for drivers under 21).
- You were impaired due to alcohol or drugs, as determined by police observations and field sobriety tests.
Unlike some other states, Massachusetts does not allow plea bargains to reduce OUI charges, meaning you must fight the charges head-on.
Penalties for an OUI Conviction in Westwood
The penalties for OUI in Massachusetts 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.
- Hardship License: Available after 3 months in some cases.
- Alternative Option: 24D Disposition Program, which reduces penalties and includes 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 after 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 license reinstatement.
Additional Consequences of an OUI Conviction
- Higher car insurance rates.
- Mandatory alcohol education programs.
- Job loss or difficulty finding employment.
- Possible probation and community service requirements.
Massachusetts Chemical Test Refusal Penalties
Refusing to take a breathalyzer or blood test in Massachusetts leads to an automatic license suspension by the RMV. The penalties are based on past OUI offenses:
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.
- To reinstate your license, you must request an RMV hearing and meet all requirements.
Statute of Limitations for OUI in Massachusetts
The statute of limitations for OUI in Massachusetts is 6 years, but most cases are filed immediately after an arrest. If charges are delayed, a strong legal defense can argue for dismissal based on procedural violations.
Defenses Against OUI Charges in Westwood
At the Marin, Barrett, and Murphy Law Firm, we use aggressive defense strategies to challenge OUI charges. Common defenses include:
-
Lack of Probable Cause for the Stop
If police stopped your vehicle without a valid reason, the entire case may be thrown out. -
Breathalyzer or Blood Test Errors
Breathalyzer machines must be calibrated and maintained, or results may be inaccurate.
Certain medical conditions (such as diabetes or acid reflux) can lead to false BAC readings. -
Field Sobriety Test Inaccuracies
Poor road conditions, bad weather, or physical disabilities can cause false failures.
Officers may improperly administer the tests, making results unreliable. -
Rising BAC Defense
Alcohol takes time to enter 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 unlawful search, your case may be dismissed.
Where Will Your OUI Case Be Heard?
If you were arrested for OUI in Westwood, 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 Westwood Police Department
588 High St., Westwood, MA 02090
π (781) 320-1000
Why Hire the Marin, Barrett, and Murphy Law Firm?
At the Marin, Barrett, and Murphy Law Firm, we are dedicated to providing aggressive OUI defense in Westwood and throughout Massachusetts.
Why Clients Choose Us:
- Experienced OUI Attorneys β Decades of experience successfully defending OUI cases.
- Proven Track Record β We've helped clients reduce or dismiss their 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 build a tailored defense strategy.
If you've been charged with OUI in Westwood, time is critical. Call now to start your defense.
Contact a Westwood OUI Lawyer Today
π Marin, Barrett, and Murphy Law Firm
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.