DUI Lawyer in Somerville, MA
DUI Lawyer in Somerville, MA
Massachusetts sets 0.08% as the blood alcohol line for an adult OUI charge, but the statute behind that number reaches further than a single test result. Chapter 90, Section 24 also covers marijuana, narcotics, and impairment proven without any test at all. If you were arrested, a DUI lawyer in Somerville, MA, looks at which theory the Commonwealth is using before deciding how to respond.
Ways Prosecutors Can Prove You Were Impaired
The per se theory only requires proof that you operated a vehicle with a blood alcohol concentration of 0.08% or higher, without a separate showing of unsafe driving. The impairment theory instead asks whether alcohol reduced your ability to drive safely, a standard that can apply even without a breath or blood result. A single complaint can allege both theories, and the Commonwealth only needs one to succeed.
Drug OUI is exclusively an impairment offense. The statute sets no numeric concentration limit for marijuana, narcotic drugs, depressants, or stimulant substances, the way it does for alcohol, so prosecutors must connect the substance to a measurable reduction in your driving ability.
Where the Stop Has to Happen for OUI to Apply
Massachusetts limits OUI charges to a public way or another place the public can access, including as an invitee or licensee. That can reach certain parking lots, business premises, and access roads, depending on use and who is permitted to enter.
Operation is defined just as broadly. You do not have to be driving for the charge to apply, since sitting in a parked vehicle while manipulating the ignition can qualify, which raises real questions when several people had access to the vehicle.
Once police have reasonable grounds for an OUI arrest, driving on a public way counts as consent to a breath test under the state’s implied consent rule. Refuse, and your license is suspended automatically, starting at 180 days and climbing toward a lifetime loss depending on your history.
Penalties and the First-Offender Alternative
A first-offense conviction carries a fine between $500 and $5,000, up to two and a half years of incarceration, and requires $250 and $50 trust fund assessments.
Eligible first offenders may instead qualify for a Section 24D disposition, involving probation, an education program, and a 45-to-90-day suspension rather than the standard one-year revocation. A DUI lawyer in Somerville, MA, can review the facts of your arrest to help decide whether that route, a negotiated plea, or a trial makes sense.
We Can Help You Walk Through Your Options
A Somerville OUI charge usually comes down to a handful of facts: the theory the Commonwealth is using, where the stop happened, and what the testing showed. At Anthony Riccio Law, our DUI lawyer in Somerville, MA, reviews those facts with you and explains the realistic paths forward, without promising any particular outcome. Contact us to get started.
Our office number is (617) 404-8878.