Posts Tagged ‘Dui Lawyers’
Virginia Underage Drinking & DUI Defense
The Commonwealth of Virginia has made some new changes to the underage drinking laws in Virginia. As of July 1, 2010, the change in the laws regarding alcohol and minors have significantly increased the restrictions and penalties associated with underage drinking of alcohol by minors. Both the drinking of alcohol of minors and the driving under the influence by minors laws have become more harsher and they both affect the minors’ drivers license.
Regarding minors being caught in possession of alcohol (Minor in Possession), a second offense of Minor in Possession will result in the possible loss of the minor’s license for up to a year in Virginia. The previous law only allowed the State to take the license for up to 6 months. Keep in mind, the loss of license will be imposed regardless of if you had been driving at the time of the offense.
Another significant change was the change in the law as to penalties for minors convicted of Driving Under the Influence (DUI). Virginia Courts used to have the authority to grant a restricted license to drive to school for minors convicted of DUI in Virginia. The new law makes it mandatory for the Judge to revoke the driver’s license of a minor convicted of a DUI in Virginia.
If you have been charged with underage drinking (Minor in Possession of alcohol) or Underage DUI in Virginia, contact the SRIS Law Group Virginia DUI lawyers for help.
The SRIS Law Group has offices in Fairfax County, Prince William County, Richmond, Virginia Beach, Loudoun County, Fredericksburg & Lynchburg.
Massachusetts Under 21 OUI Defense Lawyer
Former Prosecutors Defending Under 21 DUI Clients
If you are under 21 and you charged with driving under the influence in Massachusetts, you are in serious trouble. The laws in Massachusetts regarding a DUI/OUI by an individual under 21 years old are extremely harsh. You could describe the laws as ZERO TOLERANCE laws.
If you register at .02% or above and are under 21 years old in Massachusetts, you will be charged with a DUI/OUI charge. A preliminary charge for an under 21 DUI in Massachusetts will result in your driver’s license being suspended for 30 days just for failing the breath test. Additionally, your license in Massachusetts will also be revoked for 210 days if you are convicted of an under 21 DUI/OUI. On top of your license being suspended, you fines and court costs will be in excess of $2500 and you will have attend a mandatory 16-week alcohol treatment program (one day a week). Lastly, you will be on probation for a year.
If your BAC is .20% or over, you must enter into a 2-week inpatient alcohol treatment program.
Do I really need a Massachusetts OUI/DUI lawyer if I am under 21 and charged with A DUI?
Since a .02% BAC level is extremely low and breathalyzers are notoriously inaccurate in their readings, it is possible to get arrested and charged with this offense without ever even taking a drink.
However to avoid a conviction for an under 21 DUI, an aggressive OUI/DUI defense must be formulated and executed. An Under 21 DUI will result in not being able to drive and this may result in some very serious consequences. Especially, if you are working or attending school and need a vehicle to get back and forth.
There are no “hardship” licenses available to those convicted of an Underage OUI.
You can count on the SRIS Law Group Massachusetts Underage OUI/DUI defense lawyers to thoroughly investigate every aspect of your case and identify any potential flaws in the arrest and charging of your underage DUI case.
Contact us immediately if you have been charged with an underage DUI in Massachusetts.
We have offices in Boston & Cambridge to better serve you.
Massachusetts Registry Hearings (RMV)
If you have been arrested and charged with an OUI/DUI in Massachusetts, you may have to go to a Massachusetts RMV Hearing to get your license to drive in Massachusetts reinstated. At the Registry Hearing, your ability to get your license reinstated is not guaranteed. You may have to meet a variety of conditions before your ability to legally drive in Massachusetts is permitted.
Some examples of these conditions are:
• Completing state-approved alcohol program in order to get your license back.
• In some cases, you may be able to obtain a “hardship” license. A hardship license may be granted by the RMV based on proof of employment and an explanation as to why you have to drive.
• A previous DUI/OUI conviction will usually result in you having to install an ignition interlock device installed in your car prior to the RMV permitting you drive.
Therefore, it is critical that an experienced Massachusetts OUI/DUI defense attorney assist you at a Registry Hearing and help you prepare for a RMV hearing.
Why Do You Need A License To Drive In Massachusetts?
If you don’t have a driver’s license in Massachusetts, your life may be thrown into chaos. For example, daily activities such as driving to work or school and other activities become a serious problem. Getting to work or your daycare provider via public transportation can become a nightmare. Imagine having to rely on co-workers or friends to get to work, to the doctor or even to the grocery store.
An experienced SRIS Law Group Massachusetts OUI/DUI attorney can help you get your life back on track by getting your driver’s license back at a Registry Hearing. This may be your first time at a Registry hearing, but we guarantee, it is not our first time. We have represented many people before a RMV hearing and know how to deal with a Registry Hearing.
We have offices in Boston & Cambridge to better assist you.
Refusal of Breathalyzer In Massachusetts
Refusal of a breathalyzer in Massachusetts can have a serious impact on your ability to drive in Massachusetts. A first offense refusal of a breathalyzer in Massachusetts results in the immediate suspension of your license for a period of 180 days. Subsequent refusal of a breathalyzer can result in longer suspensions of your privilege to drive in Massachusetts especially if you have prior OUI/DUI convictions.
The current Massachusetts OUI/DUI laws affect your ability to drive in Massachusetts in the following manner:
• First Offense: 180 day automatic driver’s license suspension
• Second Offense (or under 21 years of age): 3 Years license revocation
• Third Offense: 5 Years license revocation
• Fourth Offense: 10 years license revocation
• Fifth Offense: License revoked for life
Massachusetts OUI/DUI Defense Lawyer
The SRIS Law Group Massachusetts OUI/DUI defense attorneys are extremely knowledgeable and skilled in defending DUI charges of all types because they have prosecuted OUI cases and are aware of the technical defenses available to you. Just because you have been charged with a DUI in Massachusetts, does not mean you have to just plead guilty. Just because you were arrested for an OUI/DUI in Massachusetts does not mean you are guilty as charged.
Contact a SRIS Law Group Massachusetts OUI lawyer today for help.
We have offices in Boston & Cambridge to better serve you.
Massachusetts OUI/DUI and Suspended License
Former Prosecutors Defending DUI/OUI
A Massachusetts DUI/OUI is going to result in the loss of your license. How long you are going to lose your license as a result of an OUI/DUI in Massachusetts is going to be based on the facts of the DUI and whether you have an earlier conviction for an OUI. Therefore, if you have been charged an OUI/DUI in Massachusetts, it is critical to get experienced legal representation from Massachusetts OUI/DUI defense attorney who understands the impact a suspended license will have on your life.
Clients need to understand that there are ways to get your driver’s license back if you have lost as a result of a DUI conviction. The SRIS Law Group Massachusetts OUI and suspended license attorney know how to help you mitigate the suspension of your license as a result of a OUI/DUI in Massachusetts.
Can I really have my license suspended as a result of an OUI in Massachusetts?
The honest answer is YES. An OUI/DUI in Massachusetts is a very serious and complex matter. Having an experienced Massachusetts OUI/DUI attorney is critical to minimize the difficulties you will face when dealing with an OUI/DUI charge. A SRIS Law Group Massachusetts DUI/OUI attorney can provide you with the guidance necessary to understand the DUI process, what to expect in court and the RMV hearing & how to defend license and your right to drive.
In the event you have already been convicted of an OUI/DUI in Massachusetts, a SRIS Law Group Massachusetts OUI/DUI attorney can assist you with obtaining a “hardship license”.
If you have been charged with an OUI/DUI in Massachusetts, contact a SRIS Law Group OUI/DUI defense lawyer immediately.
We have offices in Boston & Cambridge to better serve you.
Massachusetts OUI/DUI Accident
Former Prosecutors Defending OUI/DUI Clients
Have you been charged with an auto accident as result of drinking and driving in Massachusetts?
Causing an OUI/DUI accident in Massachusetts is a serious offense. You are facing a very serious violation because you are not only facing a drinking and driving charge in Massachusetts, but you also endangered the health and safety of innocent drivers and passengers in Massachusetts.
Massachusetts District attorneys take these types of cases very seriously, and will not hesitate to prosecute you to the fullest extent of the law. We know this because out Massachusetts OUI/DUI defense attorneys were former district attorneys and they have thorough understanding of how serious this charge is in Massachusetts.
Therefore, if you have been charged with an OUI or DUI in Massachusetts and you are being accused of causing an accident as result of drinking and driving, you must contact an extremely skilled and experienced Massachusetts OUI attorney.
The penalties you face if you are convicted of an OUI accident are:
• Imprisonment
• More than $1,000 in fines
• License suspension or revocation
• Probation
• Community service
• Restitution the victim (if someone was hurt or killed in the accident)
• Mandatory DUI school
• Ignition Interlock Device
In the event that you are charged with a DUI accident in Massachusetts that resulted in the injury or death of another person, you will face very serious penalties. You may even be charged with an even more serious crime, such as vehicular manslaughter.
Massachusetts DUI Defense Attorneys
If you are being accused of causing a drunk driving accident, you can depend on the SRIS Law Group Massachusetts DUI defense attorneys to defend you and do their very best to help you. Our Massachusetts OUI defense attorneys understand the serious nature of the charges you are dealing with and how a conviction can affect your life.
Our Massachusetts DUI defense lawyers will do their absolute best help you get the charge reduced or if possible, completely dismissed.
We have offices in Boston & Cambridge to better serve you.
Massachusetts Child Endangerment & OUI Defense
Former Prosecutors Defend DUI
If you were charged with a DUI/OUI in Massachusetts and you had a child in the vehicle under the age of 14, you are in very serious trouble. The charge is referred to as Child Endangerment by Operating Under the Influence. This is a very serious DUI/OUI charge in Massachusetts because there is an additional penalty of losing your license for one year on top of any additional loss of your license to drive as a result of the DUI conviction. In the event, you are charged and convicted of a second or subsequent Child Endangerment by Operating Under the Influence, you will receive a mandatory 6 months in jail, and a 3 year revocation of your driver’s license.
Massachusetts Child Endangerment Defense Lawyer
Due to the serious nature of a Child Endangerment by Operating Under the Influence, your Massachusetts DUI/OUI defense lawyer must be extremely experienced at defending cases of this nature. You can count on the SRIS Law Group Massachusetts Child Endangerment By Operating Under The Influence lawyers to have the knowledge and experience necessary to defend you because they have prosecuted cases like this when they were prosecutors in Massachusetts.
Due to the serious nature of this type of a DUI/OUI charge, many clients mistakenly believe that they have no defense and just plead guilty to the charge Child Endangerment By Operating Under The Influence.
Don’t just plead guilty without first talking to a SRIS Law Group Massachusetts DUI/OUI lawyer. Our Massachusetts OUI defense lawyers may be able to provide you with options as to how to mitigate the charge and have the charge reduced to a lesser charge or even possibly having the charge dismissed outright.
Contact us immediately if you have been charged with Child Endangerment By Operating Under The Influence.
We have offices in Boston & Cambridge to better serve you.
- MA BUI Defense
- MA Child Endangerment OUI/DUI Defense
- MA DUI/OUI Drugs Defense
- MA DUI/OUI First Time Offense
- MA Field Sobriety Tests
- MA OUI Penalties
- MA OUI/DUI Accident Defense
- MA OUI/DUI Suspended License
- MA Refusal of Breathalyzer
- MA RMV Hearings
- MA Under 21 DUI/OUI Defense
Massachusetts OUI Attorney
FORMER MASSACHUSETTS PROSECUTORS
In Massachusetts, OUI is the term used for driving drunk. OUI is the acronym for Operating Under the Influence. People often refer to an OUI as a “DUI” (Driving Under the Influence), or “DWI” (Driving While Intoxicated) also. If you are arrested for an OUI in Massachusetts, you are facing some very serious consequences. The penalties for an OUI conviction in Massachusetts are harsh, and you will be facing steep fines and jail time as well as community service if you are convicted. If you have been arrested for an OUI, it is critical to immediately contact an aggressive Massachusetts OUI Defense Attorney to fight your Massachusetts OUI charge.
Your OUI/DUI Lawyer in Massachusetts
Massachusetts is now a “per se” state. What this means is that if you are stopped by Massachusetts law enforcement for a possible OUI and you take a breathalyzer test at the station and it states that your BAC is .08% or higher, you will be found guilty of the charge. However, there is a BIG IF. The judge and jury must believe that the breathalyzer test administered to you was done correctly. The prosecutor must prove beyond a reasonable doubt to obtain an OUI conviction that:
• You were operating a motor vehicle
• You were operating it on a public way
(road, street, highway)
• You were under the influence of drugs
or alcohol
An aggressive and experienced Massachusetts OUI/DUI lawyer who knows and understands how an OUI charge is prosecuted will know how to defend you against any OUI charge. The SRIS Law Group Massachusetts OUI defense lawyers are extremely knowledgeable in all types of OUI defenses, and are prepared to employ their knowledge towards your defense and will help you fight a drunk driving offense. If you are seeking an experienced OUI/DUI defense attorney who was a former prosecutor to defend you against a DUI offense, contact the SRIS Law Group Massachusetts OUI/DUI defense attorney immediately for help.
OUI/DUI Defense Guide
In Massachusetts, if you are pulled over and given some field sobriety tests or preliminary breath test and the police officer develops probable cause for an OUI arrest, then you will be arrested and taken to the police station. The arrest is the beginning of the OUI/DUI legal process. As a driver on the streets of Massachusetts, you have certain rights. For a Massachusetts police officer to pull you over, the police officer must have probable cause. If the Massachusetts police officer did not have probable cause for the stop, your Massachusetts OUI defense lawyer can suppress the stop and have the entire case thrown out based on an improper stop. The Massachusetts Courts will not an OUI case to go forward if the stop was without probable cause. Since the SRIS Law Group Massachusetts OUI defense lawyers were former prosecutors who have prosecuted OUI cases in Massachusetts, they are extremely aware of the many possible DUI defenses.
Sometimes, clients are pulled over as result of a sobriety checkpoint. These sobriety checkpoints are legal in Massachusetts. However, the Massachusetts Supreme Court has ruled that Massachusetts law enforcement officers must follow specific and strict procedures when conducting sobriety checkpoints and roadblocks to check for sobriety. If the rules and procedures are not followed by the Massachusetts police officers who are conducting the roadblock, then the evidence developed by law enforcement regarding the OUI will be held inadmissible.
Skilled OUI/DUI Defense Investigation
Our Massachusetts OUI defense lawyers need to know every single detail about your DUI arrest. Why did the police stop your car? Did the officer observe you for the required 15 minutes prior to giving a breathalyzer test? Did the testing equipment used have a history of malfunction?
License Suspension and RMV Hearings In Massachusetts
In Massachusetts, after you have been arrested and charged with a DUI, your driver’s license will be suspended. This means you cannot drive in Massachusetts till your licensed is reinstated. However, if you act quickly, you may be able to obtain a “Hardship License” by participating in a Registry of Motor Vehicles (RMV) hearing. Our Massachusetts OUI/DUI Defense Attorneys will fight for you and will aggressively protect your right to drive in Massachusetts. Our SRIS Law Group Massachusetts OUI/DUI defense lawyer will do everything he can to help you throughout this very stressful process, including the RMV Hearing.
The penalties for a first time OUI offense vs multiple subsequent OUI offenses are significantly different. Massachusetts laws are very harsh towards a second or subsequent offender. Additionally, if you refuse to do a breathalyzer test, the penalties can increase. Also, if you are under 21, a repeat offender or if you have been convicted of a DUI and were driving with a suspended license from an earlier DUI conviction, you will be facing enhanced penalties. This additional offense has a minimum of 1 year mandatory jail sentence.
If you have been arrested for an OUI in Massachusetts, you know what you are facing: heavy fines, possible jail time, the potential for a criminal record, damage to your reputation and an inconvenient dependence on public transportation.
An OUI (operating under the influence) conviction can change your life. Our experienced OUI attorney will work hard to change it back.
If you need help to defend yourself against an OUI charge in Massachusetts, then contact the SRIS Law Group Massachusetts OUI defense lawyers for help.
Massachusetts Drunk Driving Penalties
Drunk Driving Penalties For Subsequent OUI Offenses
The following are some of the penalties of a Massachusetts OUI conviction for a first time offense and also for subsequent charges of an OUI in Massachusetts:
FIRST OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not more than 2-1/2 years House of Correction, probation up to 2-1/2 years.
- Fine: $500.00-$5,000.00 plus court and probation supervision costs and program fees.
- License suspended for 1 year; Hardship license for work/education purposes may be considered in 3 months, general hardship in 6 months.
Alternative disposition
1. Probation with mandatory participation in alcohol-drug education program paid for by defendant.
2. License suspended for 45 to 90 days (210 days for drivers under age 21).
3. Eligible for Hardship license after three business days, assuming you have completed intake alcohol-drug education program.
SECOND OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not less than 60 days (30 day mandatory), not more then 2-1/2 years.
- Fine: $600.00-$10,000.00 plus court costs and probation supervision costs and program fees.
- License suspended for 2 years, work/education hardship considered in 6 months, general hardship in 1 year.
Alternative disposition
1. 2 years probation.
2. 14 day confined inpatient treatment program paid for by the defendant.
3. License suspended for two years, work/education hardship considered in 6 months, general hardship in 1 year.
THIRD OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not less than 180 days (150 day mandatory) out of district court, not more than 5 years State Prison.
- Fine: $1,000.00-$15,000.00 plus court costs and probation supervision costs and program fees.
- License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years.
FOURTH OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not less than 2 years (1 year Minimum Mandatory) out of district court, not more than 5 years.
- Fine: $1,500.00-$25,000.00 plus court costs and probation supervision costs and program fees.
- License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years.
FIFTH OFFENSE OUI IN MASSACHUSETTS
- Incarceration: Not less than 2-1/2 years (24 mos. Minimum Mandatory) out of district court, not more than 5 years.
- Fine: $2,000.00-$50,000.00 plus court costs and probation supervision costs and program fees.
- License loss for life, no possibility of reinstatement or hardship license.
LICENSE REINSTATEMENT FEES
- First Offense – $500.00
- Second Offense – $700.00
- Third Offense – $1,200.00
- Refusal/Failure to take Breathalyzer – $100.00
Our Massachusetts OUI defense attorneys will do their best to help you. Call us today for help!
A Manassas man assaulted a deputy and led him on a foot-chase Monday night just prior to being arrested on multiple charges including cocaine and marijuana possession and driving under the influence.
A DUI offense is a very serious crime.
The SRIS Law Group Virginia DUI attorneys can defend you against any type of DUI charge.
Our Virginia DUI lawyers have the experience to defend you against any type of DUI charge.
Contact a SRIS Law Group Virginia DUI lawyer in Virginia.
Two prior convictions for driving under the influence, violating local ordinances instead of state statute, could be used to elevate a current DUI charge to a felonious third offense. Thus, defendant’s motion to dismiss the indictment was denied.
A DUI offense is a very serious crime.
The SRIS Law Group Virginia DUI attorneys can defend you against any type of DUI charge.
Our Virginia DUI lawyers have the experience to defend you against any type of DUI charge.
Contact a SRIS Law Group Virginia DUI lawyer in Virginia.
