“Operating under the influence” is what “drunk driving” is called in Massachusetts. There are 3 elements that the Commonwealth must prove: 1) operation of a motor vehicle, 2) on a public way, 3) while under the influence of alcohol. Most cases involve challenges to the “under the influence” element, but the operation and public way elements should never be forgotten as possible defenses.
If convicted of Operating Under the Influence (OUI), you will face various penalties including probation, jail, heavy fines and lengthy suspension periods of your driver’s license. Most of these penalties and consequences are mandated by statute leaving the judge with little discretion to impose a fair and just punishment. While fines, probation, and jail only apply if you are convicted of OUI, there are periods of license loss for failing the breath test or refusing the breath test, in addition to license loss periods for being convicted of OUI.
If you have been accused of operating under the influence, you need an experienced OUI lawyer in Lowell to help you with your case. I have experience beating OUI cases and would be happy to speak with you about your case. Please contact me for a free consultation.