An arrest for an OUI or OUI and drugs charge can have immediate and long lasting harmful effects on many areas of your life. For those with a first time OUI, the process of being questioned, tested for blood alcohol concentration (BAC), arrested and charged can be frightening. The penalties for conviction can seem unduly harsh. If your arrest was complicated by an OUI with injury or accusations of leaving the scene of an accident, the punishments you face can be even more severe.
Regardless of whether it is your first arrest or a multiple OUI charge, it is in your best interests that you retain a proven Chicopee OUI lawyer from The Law Offices of Joseph D. Bernard P.C. on an immediate basis. Solely because you are charged does not mean that you will be convicted. Your arrest is just the start of the process. It is also where our firm begins work to provide the committed representation that you need.
For over 19 years we have been successfully assisting residents charged with any type of OUI charge. With the high volume traffic that runs on Interstate Routes 90 and 91, police are on the lookout for intoxicated drivers. Therefore, our representation extends to all phases of the legal proceedings, from RMV hearings and driver's license restoration to the installation of ignition interlock devices. We have tried over 200 cases in front of a jury and our courtroom experience can prove to be the advantage you will need to reach a favorable conclusion in your case.
When you retain a lawyer from our firm, it will be someone who is a member of the National Criminal Defense Association and has tried cases in Massachusetts District Courts, Superior Courts and the United States Federal Court. Your attorney will also be a former Assistant District Attorney in Hampden County. This insider knowledge of how law enforcement gathers evidence in OUI cases can be invaluable in defending your case. Additionally, our understanding of the mistakes that a prosecutor can make in preparing and presenting a case can make a large difference in the final result. When you face an OUI charge, you want to be confident that the lawyer your hire knows how to produce the best outcome possible.
One of the first concerns many individuals have, when charged with an OUI offense, is how it will affect their ability to drive. As part of your arrest, you will have probably been asked to consent to a breath or blood test. Although you cannot be forced to take these tests, there will be consequences for your refusal. Your vehicle will be impounded, your license will be taken at once and you have no ability to obtain a temporary, 15-day license.
With our assistance, you can challenge your license suspension before the Registry of Motor Vehicles (RMV) within 15 days of your test refusal. There are only 3 issues, however, that will be viewed at your RMV hearing. That you did not, in fact, refuse to be tested can be an effective challenge. If law enforcement lacked proper and sufficient grounds to arrest you for OUI or if you were not under arrest at the time of your refusal, these factors can also result in a ruling in your favor. We know how to investigate your situation to find out what actually occurred and to utilize any errors that have been made to your advantage.
If you did not refuse to be tested, we can in some cases assist you in an RMV hearing to apply for a hardship license. This will permit you to drive back and forth to work. These hearings are also important to your defense as they allow us to view the evidence that will be used against you, should your case come to trial. For those under 21 years of age, conviction for an OUI will minimally result in a loss of your license for 210 days. Your license will be suspended for a year if you are 21 or older.
Please keep in mind, though, that there are many effective OUI defenses and actions that can be taken to either get the charges against you dismissed or reduced. OUI arrests commonly rely on the results of field sobriety tests and chemical tests. None of these or infallible and there are many mistakes that can be made. Our firm strives to take full advantage of the errors.
We know what an arrest can mean to you and your family. A permanent criminal record, steep fines and time spent in jail or prison can be the consequences for conviction. We value your trust and endeavor for the most favorable result possible, no matter the evidence in your case.
Contact our Chicopee OUI attorney if you are charged with an OUI and need to know how your case can be effectively defended.