OUI Defense Lawyer in Massachusetts

OUI Charges in Massachusetts: What You Are Facing

Massachusetts law refers to drunk driving as Operating Under the Influence (OUI), not DUI or DWI as other states call it. A first-offense OUI in Massachusetts is a criminal charge with real consequences: potential jail time, license loss, significant fines, an ignition interlock requirement, and a permanent criminal record. Subsequent offenses carry substantially more severe penalties. Attorney Jeffrey C. Lavey defends OUI charges throughout Middlesex County and greater Massachusetts, applying 37 years of criminal defense experience to every case.

Challenging the Traffic Stop

A successful OUI defense often begins before the breathalyzer and field sobriety tests, it begins with the traffic stop itself. Police must have reasonable articulable suspicion of a criminal violation to lawfully stop your vehicle. A stop based on insufficient grounds may require suppression of all evidence gathered after it. Attorney Lavey examines the police report, cruiser camera footage, and officer testimony to determine whether the stop was constitutionally valid, and he files suppression motions when the evidence supports doing so.

Field Sobriety Tests and Their Limitations

Standardized field sobriety tests, the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are designed to assess impairment but are subject to significant limitations. Medical conditions, physical disabilities, footwear, lighting conditions, road surface, officer instruction errors, and anxiety can all affect performance on these tests regardless of actual alcohol consumption. Attorney Lavey cross-examines the administering officer on test conditions, instructions given, and the medical and physical factors that may explain the observed performance.

Breathalyzer Evidence and Its Challenges

Massachusetts uses the Draeger Alcotest 9510 breathalyzer. Its results can be challenged on the basis of improper calibration, maintenance failures, improper administration of the test, the presence of mouth alcohol or medical conditions that can inflate readings, and errors in the observation period required before testing. Attorney Lavey reviews all breathalyzer calibration and maintenance records in every case where breathalyzer evidence is at issue.

The Melanie’s Law Consequences

Massachusetts’ Melanie’s Law imposes a 24-hour license suspension upon arrest for OUI and creates graduated consequences for repeat offenders. The chemical test refusal consequences, including a separate license suspension for refusing the breathalyzer, exist independently of the criminal charge. Attorney Lavey advises every OUI client on the administrative license suspension proceedings and represents them in Registry of Motor Vehicles hearings as part of full OUI defense representation.

Frequently Asked Questions