DUI Lawyer in Fall River, MA
DUI Lawyer in Fall River, MA
Police on Massachusetts roads enforce Chapter 90, Section 24, whether they call the stop a DUI or an OUI investigation. If officers arrested you in Fall River, the same statute used statewide applies, covering alcohol, marijuana, and several other substances. Our DUI lawyer in Fall River, MA, starts by walking through the traffic stop itself, since how that stop unfolded often shapes everything that follows.
From Traffic Stop to Arrest
Officers typically point to a mix of observations before an OUI arrest:
- Erratic driving
- A crash
- The smell of alcohol
- Open containers
- Slurred speech
- Poor roadside performance
No single observation proves guilt by itself, since the Commonwealth still must connect the evidence to each element of the charge.
Massachusetts allows a charge when someone sits in a parked car while manipulating the ignition or another control that could start the engine. The location also matters, since a public way can include certain parking lots and private areas open to the public.
BAC Limits and How Prosecutors Prove Impairment
An adult BAC of 0.08% or higher supports the per se theory, where prosecutors do not need to separately prove unsafe driving. They can also pursue an impairment theory, arguing that alcohol reduced your ability to drive safely even without a test result, and a complaint can allege both.
Drug OUI works differently, since the statute sets no numeric limit for marijuana, narcotics, depressants, or stimulants comparable to the alcohol threshold. Prosecutors must instead connect the substance to a measurable reduction in your driving ability.
Implied Consent, Refusal, and Your License
Once police have reasonable grounds for an OUI arrest, Massachusetts treats driving on a public way as consent to a breath test. Refuse, and the Registry of Motor Vehicles suspends your license automatically, starting at 180 days and climbing toward a lifetime loss depending on your record.
That suspension runs separately from your case and blocks a hardship license while it stands. If you fail the test instead, the officer takes your license immediately, though that suspension cannot exceed 30 days. A DUI lawyer in Fall River, MA, can request the Registry hearing on a refusal, but only within 15 days.
What a Conviction Could Cost You
A first offense carries a fine between $500 and $5,000, up to two and a half years of incarceration, and no general mandatory minimum, plus required $250 and $50 trust fund assessments on top of the fine. Each later offense raises the fine range and the mandatory minimum that a judge cannot waive.
Discuss Your Fall River Arrest With Our Firm
An OUI arrest moves fast, and the deadlines tied to a refusal or a failed test do not wait. Contact Anthony Riccio Law today. Our DUI lawyer in Fall River, MA, can go over your Fall River arrest and help you understand what comes next on both the criminal and license sides of your case.
Our office number is (617) 404-8878.