Experienced Defense For Charges Of Operating Under The Influence Of Alcohol Or Drugs
If you have been charged with Operating Under the Influence (“OUI”) of Alcohol or Drugs in the Commonwealth of Massachusetts, contact Riccio Law to speak with an experienced OUI defense attorney. Riccio Law represents individuals throughout the Commonwealth of Massachusetts charged with OUI-Liquor and OUI-Drugs and has over an 80% acquittal rate at trial.
A former prosecutor in Bristol County, attorney Anthony Riccio prosecuted hundreds of OUI cases and gained invaluable experience going up against some of the best criminal defense attorneys in the state. As a defense lawyer, Anthony has represented individuals facing charges ranging from OUI-Liquor, 1st Offense to OUI-Drugs , 4th Offense and OUI-Liquor , 4th Offense and has over an 80% acquittal rate at trial. Anthony has obtained Not Guilty verdicts after trial where clients were involved in a car accident , driving erratically, failed the breathalyzer and field sobriety tests, and admitted to drinking.
At Riccio Law, our team of experienced Massachusetts DUI attorneys takes an aggressive approach to defending individuals facing OUI/DUI charges in Massachusetts. By strategically filing motions to preserve evidence, discovery motions, motions to dismiss and suppress, and motions in limine, we explore every legal avenue with the goal of getting the charges dismissed or reducing the amount of admissible evidence. Whether securing a dismissal or achieving a Not Guilty verdict at trial, our Boston DUI lawyers remain focused on one objective: to successfully beat the charges.
As a former prosecutor, Founding Attorney Anthony R. Riccio has handled hundreds of OUI/DUI cases during the course of his career and has a nearly 85% acquittal rate as lead defense counsel at trial on OUI cases in Massachusetts. Attorney Riccio has obtained Not Guilty verdicts at trial involving charges of OUI-Liquor, 4th Offense, OUI-Drugs, 4th Offense, and OUI-Liquor, 3rd Offense where the defendant registered over a .30% on the breathalyzer.
At Riccio Law, our experienced Massachusetts DUI attorneys have successfully defended numerous clients in OUI/DUI cases. This includes instances where individuals were involved in motor vehicle accidents, observed by police exhibiting signs of intoxication. For example, in a case where a client collided with another vehicle while driving the wrong way and registered a blood alcohol level nearly three times above the legal limit, Attorney Riccio skillfully argued against the issuance of criminal charges at a Magistrate’s Hearing, citing a violation of the No-Fix statute. Our dedicated Boston DUI lawyers are committed to providing vigorous defense for those facing DUI/OUI charges across Massachusetts.
Although commonly referred to as “drunk driving,” the Government is not required to prove that an individual charged with OUI-Liquor was “drunk.” To convict a person of OUI, the Government must prove three elements:
When facing charges for operating under the influence (OUI) in Massachusetts, understanding the legal process is crucial. To prove an individual is “under the influence” of alcohol or drugs, the government must demonstrate that their ability to operate a motor vehicle was impaired. The skilled Massachusetts OUI lawyers at Riccio Law are adept at challenging such evidence, which typically involves showing a person’s blood alcohol content (BAC) was at or above the legal limit of .08%. Furthermore, a conviction can occur without a breath test or blood sample if it can be established, often circumstantially, that their ability to safely operate a vehicle was significantly compromised.
Several factors may be considered by a Massachusetts DUI attorney to determine impairment, including, but not limited to:
Although the police will not inform an individual that he or she is not required to perform field sobriety tests, you have the right to refuse those tests and that refusal cannot be used as evidence against you during trial. You also have the right to refuse the breath test and no evidence of that refusal may be introduced at trial. However, in Massachusetts, there is an automatic driver’s license suspension for a breath test refusal. If you are 21 years of age or older and charged with OUI for the first time, a breath test refusal results in an automatic license suspension of 180 days. If you do take the breath test and fail, your driver’s license will be suspended for 30 days.
While it is important to keep your criminal record clean, a trial may not always be the smart choice if you have been charged with OUI. There are options available in Massachusetts, particularly on 1st offense charges, which an experienced criminal defense attorney may be able to negotiate on your behalf. Generally, a plea deal that allows for an individual to avoid a criminal conviction for OUI will include a 45 to 90 day loss of license and a requirement to complete the 24D Program.
Related Content: First Offense OUI in MA | Second Offense OUI in MA | Fourth Offense OUI in MA | OUI with Out of State License | DUI Lawyer Quincy
The cost of a DUI lawyer in Massachusetts may differ from lawyer-to-lawyer and often depends on the specific charges, including whether the DUI/OUI is a subsequent offense. At Riccio Law, we will quote you a fee for your case after reviewing a copy of the Criminal Complaint and police report(s).
Yes. In Massachusetts, charges of Operating Under the Influence (OUI/DUI) are taken seriously by prosecutors and the Massachusetts Registry of Motor Vehicles (RMV) and carry the potential for serious penalties, including jail time, probation, conditions to remain alcohol and/or drug-free, and lengthy driver’s license suspensions / revocations.
An experienced attorney can evaluate your case, explore possible defenses, and implement defense strategies at a level an individual representing his/herself cannot. Although it’s not cheap to hire a MA DUI lawyer, representing yourself will almost certainly cost more in the long run.
Although an individual is unlikely to serve jail time for a first offense OUI/DUI in Massachusetts, the maximum penalty is 2 ½ years in jail / house of correction. While an individual may still avoid serving time after a second offense conviction, the maximum penalty increases for each subsequent OUI/DUI charge, including mandatory minimum sentences after guilty findings for third offense and higher.
In Massachusetts, first offense and second offense OUI/DUI are both misdemeanor charges. However, third offense OUI/DUI charges and higher are felonies and all carry mandatory minimum sentences.
In Massachusetts, if there is evidence suggesting that a person is under the influence of a controlled substance, the police may charge them with Operating Under the Influence of Drugs (OUI-Drugs). A Massachusetts OUI lawyer at Riccio Law is skilled in handling cases where individuals are accused of both OUI-Liquor and OUI-Drugs. This includes situations where the police believe that the person has consumed a combination of alcohol and narcotics, such as prescription medications.
Yes, however the charges may be difficult to prove at trial. Nevertheless, police may charge an individual with OUI-Drugs if there is evidence the driver took a prescribed medication that is considered a controlled substance. While it is not illegal to drive after taking prescription medication, it is illegal to operate a motor in Massachusetts after taking prescription medication if the medication impairs your ability to operate a motor vehicle safely.
In Massachusetts, the legal limit for blood alcohol content (BAC) is .08%. However, even one standard alcoholic drink—a 12 oz. beer, a shot, or a glass of wine—can affect individuals differently and may lead to OUI-Liquor charges. At Riccio Law, our experienced Massachusetts OUI attorneys understand that the prosecution in Boston and beyond does not need to prove your BAC was above the legal limit to secure a conviction. You can be charged and convicted of an OUI in Massachusetts if your ability to operate a motor vehicle is impaired by alcohol, even if it involved consuming just a single drink within an hour.
No, field sobriety tests are not mandatory in Massachusetts. Additionally, your refusal to do field sobriety tests cannot be introduced as evidence against you at trial.
NOTE: police in Massachusetts are NOTE required to inform you that field sobriety tests are optional (and will not do so).
No. In Massachusetts, the legal limit is .08% blood alcohol content (BAC) for individuals operating a motor vehicle. However, you can still be charged with, and convicted of OUI/DUI in Massachusetts when your blood alcohol level is below the .08% legal limit.
Being convicted of OUI can result in serious consequences so it is important to contact an experienced attorney if you have been charged with Operating Under the Influence of Alcohol or Drugs.
Call Riccio Law today at 617-404-8878 for a free consultation.
