Your Criminal Defense Team
Over 70 Years of Criminal Trial Experience
Proven – Trusted – Respected
Proven – Trusted – Respected
DUI / OUI Defense
Experienced Criminal Defense Lawyers Helping Residents of Middlesex and Barnstable Counties Stay on the Road and Out of Jail
If you are like most people who were recently arrested for a DUI/OUI, this is your first experience with the criminal justice system. And, as you will quickly learn, even though you don’t have a lengthy criminal record, you will still face harsh penalties if you’re convicted. However, being arrested for a Middlesex or Barnstable DUI doesn’t mean you’re guilty—far from it. It’s up to the prosecution to prove its case against you beyond a reasonable doubt—if it can.
This is where the experienced DUI/OUI defense lawyers at Rappaport & Delaney come in. We have more than 75 years of combined experience representing clients charged with OUI offenses in Middlesex and Barnstable County. Over this time, we’ve seen almost every conceivable type of DUI case, ranging from first time DUI arrests to fatal DUI accidents. Our knowledgeable attorneys are immediately available to meet with you to discuss your case and start working on a compelling defense to keep you on the road and out of jail.
What Sentence Does an OUI Conviction Carry in Barnstable or Middlesex County?
Massachusetts takes an aggressive approach to OUI enforcement, and the penalties judges hand down reflect this. Below is a list of possible punishments for a DUI conviction.
First OUI / DUI Conviction
- A fine of at least $500 and up to $5,000;
- Up to 2.5 years in jail; and
- A one-year driver’s license suspension.
Second OUI / DUI Conviction
- A fine of at least $600 and up to $10,000;
- A jail sentence between 60 days to 2.5 years, with a mandatory 30 days;
- A two-year driver’s license suspension.
Third OUI / DUI Conviction
- A fine of at least $1,000 and up to $15,000
- A jail sentence between 2.5 years to 5 years, with a mandatory 150 days;
- An eight-year driver’s license suspension.
Of course, there are other consequences you’ll face if convicted. For example, depending on the job and what state you live in, you may need to disclose a DUI conviction when applying for employment. Your insurance rates will also increase once your insurance company is notified of your conviction.
Even if you avoid jail time, you’ll still be subject to the court’s oversight. Depending on the situation, this could mean mandatory drug and alcohol testing, required alcohol safety courses, and probation appointments. And, if you violate the terms of a suspended sentence or probation, the judge can impose the original jail sentence.
Frequently Asked Questions About Massachusetts DUIs
What’s the Difference Between a DUI and an OUI?
In Massachusetts, the official term is Operating Under the Influence, or OUI; however, many people refer to these charges as DUIs. Regardless of who you are speaking to, DUI or OUI are interchangeable.
Can You Be Charged with an OUI Offense if You Refuse a Breath or Blood Test?
Yes, while police almost always attempt to get chemical testing after a DUI arrest, sometimes they are unable to, often because the driver refused testing. In this situation, prosecutors can still charge you with a DUI/OUI; however, instead of relying on chemical test evidence, they will use other evidence in an attempt to prove you were intoxicated, such as statements you made, how you were driving, the smell of alcohol in the car or on your breath, etc.
What is the Consequence of Refusing a Breathalyzer Test?
If you don’t have a prior OUI conviction, refusing a breathalyzer test carries a 180-day driver’s license suspension. If you have a prior OUI conviction, your license will be suspended for two years. And if you have two DUI convictions on your record, your license will be suspended for three years.
The Car Was Parked, Can I Still Be Charged with a DUI?
Yes, Massachusetts law defines the term operating very broadly. Thus, if the car was parked or you were idling in place, you were technically “operating” the vehicle. Of course, there is room to argue that you were not operating the vehicle if it was off; for example, if a passenger had the keys on them, however, you’ll likely have to take the case to trial regardless.
Have You Been Arrested for an OUI in Barnstable or Middlesex County?
If you were recently arrested and charged with driving under the influence, reach out to the dedicated DUI/OUI defense attorneys at Rappaport & Delaney for immediate assistance. At Rappaport & Delaney, we’ve successfully represented countless clients who found themselves in the same situation you are in, helping them move past their arrest with as little impact on their future as possible. We take an aggressive approach to every DUI case we handle, ensuring that we protect your rights at every stage of the process. To learn more about how we can help, give Rappaport & Delaney a call at (978) 454-8103 to schedule a free consultation. You can also reach us through our online contact form. We proudly represent clients in Barnstable County and Middlesex County.
