DUI Lawyer in Framingham, MA
DUI Lawyer in Framingham, MA
Not every Massachusetts OUI arrest happens in a moving car in traffic. Chapter 90, Section 24 reaches parked vehicles, certain parking lots, and impairment proven without any test result, in addition to the more familiar roadside stop. If that breadth surprised you after an arrest in Framingham, a DUI lawyer in Framingham, MA, can walk through exactly how the statute applies to your specific situation.
The Two Systems Working Against You at the Same Time
Once police have reasonable grounds for an OUI arrest, driving on a public way counts as consent to a breath test. Refusing triggers an automatic license suspension starting at 180 days and climbing toward a lifetime loss depending on your history, separate from whatever happens later in your criminal case, and it does not allow a hardship license while active.
Failing the test instead leads the officer to take your license immediately, though that suspension cannot exceed 30 days on its own. A conviction, plea, or program assignment can add a longer suspension once the criminal case resolves. A DUI lawyer in Framingham, MA, can request a Registry hearing on a refusal suspension, but the request has to arrive within 15 days of the suspension taking effect.
That RMV hearing only considers whether police had reasonable grounds for the arrest, whether you were actually arrested, and whether you refused the test, not your guilt or innocence on the underlying criminal charge.
How an OUI Charge Gets Decided
Prosecutors can rely on a blood alcohol concentration of 0.08% or higher under the per se theory, or on an impairment theory showing alcohol reduced your ability to drive safely, and a complaint can allege both. Officers typically build their case around a mix of evidence, including erratic driving, the smell of alcohol, open containers, and performance on roadside assessments, none of which proves guilt on its own.
A first conviction carries a fine of $500 to $5,000, up to two and a half years of incarceration. Eligible first offenders may instead qualify for a Section 24D disposition, involving probation, an education program, and a shorter license suspension. A DUI lawyer in Framingham, MA, can review your specific facts to see which path realistically fits.
Once you are arraigned, the case moves into discovery and pretrial motions, where issues such as the legality of the stop, the foundation for the breath test, and probable cause for the arrest can all be challenged before a single witness testifies.
Connect With Anthony Riccio Law About Your Charge
Our DUI lawyer in Framingham, MA, will review your arrest report and testing paperwork together, then explain what the evidence supports, without promising a specific result. Contact us today, and we will go over your Framingham arrest and help you respond to both the criminal case and the license suspension on the clock.
Our office number is (617) 404-8878.