If you consume alcohol and operate a motor vehicle, you run the risk of being charged with OUI. The standard of proof at trial is whether there is the consumption of enough intoxicating liquor to reduce your ability to operate a motor vehicle safely.
The amount of alcohol necessary for this varies from person to person. Alternatively, the Commonwealth may proceed to trial by alleging that an infrared breathalyzer test was consented to with a result of .08 or greater. When we say the standard of proof, this means that the Commonwealth must prove either theory of DUI beyond a reasonable doubt.
To be charged with OUI, however, there only needs to be probable cause, which is a much lower standard. The importance of the differing standards is that arrest alone triggers imminent life consequences. The probable cause determination is most often based on a police officer’s opinion of sobriety based on an interaction lasting only a few minutes. With this in mind, if you or someone you know is arrested for OUI, contact an OUI lawyer who can guide you through the process, and who has tried hundreds of cases. For more information contact an experienced OUI lawyer at firstname.lastname@example.org or 508.755.4659.
According to Shane W. Surrette, one of the most experienced of all Massachusetts DUI Lawyers, being charged with an OUI is one of the most life altering charges that an individual can face. With the potential for jail and probation with significant conditions, the impact can be felt for many years to come. For instance, a conviction or an admission on a first offense for OUI for an adult brings with it the potential for jail time, or in the alternative, probation for up to two years, with the mandatory completion of an alcohol education awareness program.
The probation on a first offense also carries with it a supervision fee of $65 per month, as well as, the cost of the program, and $600 in fees and fines. Beyond probation and its accompanying hardship is license loss.
For example, if convicted of an OUI first offense, an adult will face a 45-90 day license loss. Similarly, if there was a breathalyzer test refusal on a first offense, then under Massachusetts law there is a 180 day license loss. It is worth noting that the 45-90 day license loss runs from and after the expiration of the 180 day period.
Furthermore, if there is a breathalyzer test taken and failed then there is a 30 day license loss for an adult on a first offense, as well as the 45-90 day loss upon conviction or admission. Also, whenever the license suspension period ends on an OUI charge, there is an accompanying reinstatement fee through the registry of motor vehicles. As a result, if you or someone you know is charged with OUI, go with one of the most experienced of all Massachusetts DUI Lawyers, Shane W. Surrette.