Submitted by Anonymous on Fri, 03/25/2011 - 08:15
I got arrested for OUI and I'm trying to figure out if I should get an attorney and go to trial or just try to get a continuation without finding and I'm confused because different sites say that if I get convicted for DUI (or is it OUI ?) I could face up to 2.5 years and prison and fines of up to 500. However, I also read that first time offenders usually only get a slap on the wrist. I honestly don't know if I can beat it anyway because I failed a field sobriety test. So how should I proceed? Thanks for any help.
First time OUI penalties
To receive an answer to your question you should really speak with a criminal defense attorney as there are a number of nuances and exceptions. The maximum penalty for OUI (as it is known in Massachusetts, short for Operating Under the Influence) is two and a half years in jail and substantial fines, however there is a first offender alternative disposition which includes probation, substantial fines, fees and penalties, license loss and attendance at court ordered education classes. The sentence you are likely to receive depends on your criminal history, the facts of the case and whether there are any injured persons.
You also must examine whether or not the state can prove the charges against you. The commonwealth must prove their case beyond a reasonable doubt. An experienced attorney may be able to cast substantial doubt upon the commonwealth's case and return a favorable verdict. A conviction or admission to OUI will result in increased penalties should you be arrested in the future for OUI.
Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.
Penalties for OUI and Alternative Dispositions in MA
As Attorney Gaughen mentioned in his answer, after a first offense, your attorney may be able to obtain an Alternative Disposition which will likely require you to (1) plead to a Continuance Without Finding, (2) pay fines that can exceed $2000, (3) complete unsupervised probation for one year, (4) attend an alcohol/drug education program, and pay for i,t and (5) have your license suspended for somewhere between 45 and 90 days, or 210 days if you are under 21.
For a second offense for OUI in MA, the law specifies penalties that can include jail time of not less than 60 days and not more than 2.5 years, and/or a fine between $600 and $10,000. Your license will also be suspended for two years, and you can't get a hardship license for at least one year. Finally, you will have to pay to have an interlock device installed on your car.
Alternative Disposition for a second offense may include: (1) two years of probation, (2) a 14 day confined alcohol treatment program, again paid by you, (2) license suspension for two years, and (3) installation of an interlock device, paid by you.