Operating Under the Influence
Do I Need a Lawyer?
If what you really want to know is whether you have to have a lawyer, the answer is no. You are free to represent yourself in court and can negotiate on your own behalf with the prosecutor assigned to your case.
However, OUI/DUI laws in Massachusetts and New Hampshire are complex. They are also tough on those convicted. By hiring a lawyer to represent you (and the sooner you do, the better), your chances of minimizing the damaging effects of a drunk driving arrest, greatly increase.
Will I Lose My Driver's License?
If your blood alcohol content (BAC) test put you over the legal limit and you were arrested for OUI in Massachusetts, your license will automatically be suspended 15 days later unless you have requested an RMV license suspension hearing. In New Hampshire, you must request this hearing within 30 days.
If you are convicted or plead guilty to a drunk driving charge in either state, you will have your license suspended or revoked. For how long will depend on whether you have previous drunk driving convictions, what your BAC was measured at, and other aggravating factors.
Will I Qualify for a Restricted License?
Also known in Massachusetts as “hardship” or “Cinderella” licenses, restricted licenses that allow driving for a 12-hour period each day are available to first-time offenders and in some cases, second-time offenders. Although certain requirements must be met, hardship licenses cannot be obtained until your case has been resolved, we can typically secure these licenses for clients in a very timely fashion.
New Hampshire does not offer restricted licenses.
If you are from out-of-state, whether or not you qualify for a restricted license will depend on the laws of the state in which you live.
Is There a Way To Win My Case?
There's no sugarcoating the fact that Massachusetts prosecutors and judges are tough on drunk driving. In New Hampshire, they may be even tougher. However, people can and do fight drunk driving charges every day. Sometimes they are successful; sometimes not.
Police may not have had enough probable cause to arrest you. Field sobriety tests may have been improperly administered. The Breathalyzer machine used to test you may have been calibrated wrong or not in good working order. In every case, we explore all possible avenues of defense and wherever possible, strenuously challenge evidence that we believe is fundamentally flawed.
Contemporary Law Firm With Traditional Values
Our firm vigorously defends clients who have been arrested and charged with drunk driving (OUI/DUI/DWI) in Essex or Rockingham counties.
To schedule an initial attorney consultation call (978) 465-2043 for our Newburyport law offices or (603) 964-7799 if calling from New Hampshire.
You can also contact us online.
