DUI Lawyer in New Bedford, MA
DUI Lawyer in New Bedford, MA
Massachusetts charges drunk driving under the formal name of operating under the influence (OUI). Police in New Bedford apply the same statute used statewide: Massachusetts General Laws Chapter 90, Section 24. A DUI lawyer in New Bedford, MA, reviews the stop, the testing, and the paperwork before deciding how to respond to your charge.
What Counts as Drunk Driving Under Massachusetts Law
That statute covers alcohol, marijuana, narcotic drugs, depressants, stimulants, and certain toxic vapors. Prosecutors can argue you operated with a blood alcohol concentration of 0.08% or higher, called the per se theory, or that alcohol reduced your ability to drive safely even without a breath result. A complaint can allege both theories at once.
Operation covers more than a moving car. Massachusetts treats sitting in a vehicle while manipulating the ignition or another control that could start it as operation. That broader definition matters when officers find someone asleep behind the wheel, or when more than one person had access to the vehicle.
The Criminal Case and the License Suspension
The criminal case and the license consequences move on separate clocks. A breath test of 0.08% or higher triggers an immediate suspension that cannot exceed 30 days, separate from court. A later conviction, plea, or program assignment can add a second, longer suspension once the criminal case resolves.
Driving on a public way counts as consent to a breath test once police have reasonable grounds for an OUI arrest. If you refuse, you face an automatic suspension starting at 180 days, climbing toward a lifetime loss depending on your history. That suspension starts immediately and blocks a hardship license while active.
A DUI lawyer in New Bedford, MA, can request the Registry of Motor Vehicles hearing for you, but the request must reach the registry within 15 days, or the right to a hearing disappears.
Penalties You Could Face After a Conviction
A first offense carries a fine between $500 and $5,000 and up to two and a half years of incarceration, with no mandatory minimum under the basic provision. Add a $250 Head Injury Treatment Services Trust Fund assessment and a $50 Victims of Drunk Driving assessment, and costs climb fast. Each later offense raises the fine range and adds a mandatory minimum that a judge cannot waive.
Eligible first offenders sometimes qualify for a Section 24D disposition instead. That route can mean probation, an alcohol education program, and a 45- to 90-day suspension rather than a full year. It does not apply when the incident caused serious injury or death. A DUI lawyer in New Bedford, MA, can review your record to see whether Section 24D, a negotiated plea, or a trial fits your case.
Talk to Our Firm Before Your Next Court Date
Whether your case centers on a breath test, a refusal, or a question about who was driving, the details behind the arrest matter. Contact Anthony Riccio Law today. We can review your New Bedford OUI arrest and help you understand the deadlines already running on your case.
Our office number is (617) 404-8878.