OUI (Operating Under the Influence) can refer to any level of impairment from intoxicating substances. OUI charges can be based on impairment from any substance, including prescription drugs, over-the-counter medications, and illicit drugs, whereas DWI and DUI charges specifically focus on alcohol intoxication and other recreational drug use. OUI charges present a spectrum of legal gray areas, rather than the binary choice of guilty or not guilty.
If you have been a victim of wrongful arrest or conviction, seek expert legal counsel from the Law Office of Michael P Carroll PC. OUI cases in the Bay State are governed by an intricate web of regulations and evidentiary standards.
We consider all the nuances involved in such cases, from the initial traffic stop and standardized field sobriety testing to the scientific principles underlying breath, blood, and urine analysis. In cases where law enforcement violated your rights or the evidence is flawed, we aggressively pursue dismissal of the charges altogether. Alternatively, under less favorable circumstances, we can explore options to potentially reduce your criminal sentence.
What makes us truly stand out is our client-centric approach combined with tailored strategies. Schedule your appointment today.
The legal options available to OUI defendants in Massachusetts are varied and often depend on the specific circumstances of the case.
Below is a breakdown of your potential legal options:
In some cases, negotiating a plea agreement with the prosecution would be a viable strategy. By pleading guilty, defendants may be able to secure reduced charges or minimized penalties, such as shorter jail terms, lower fines, or limited license suspensions. However, this option requires careful consideration, as it involves admitting guilt and accepting the associated consequences.
For those maintaining their innocence or seeking to challenge the prosecution's evidence, exercising their right to a trial is an option. During a trial, the defense can cross-examine witnesses, scrutinize the legality of the traffic stop, and contest the reliability of chemical tests or field sobriety assessments. With our firm on your side, you can build a strong defense that could either lead to an acquittal or dismissal of charges.
Depending on the specifics of your case and the judge's discretion, alternative sentencing options might be available. This could include a continuance without a finding (CWOF), which allows for dismissal of the charges upon successful completion of probation, or a suspended sentence, where the jail time is imposed but not served initially, potentially offering a chance to avoid incarceration altogether.
Massachusetts has a "look-back" period for prior OUI offenses, currently set at 7 years (10
the accused is a habitual offender). If the defendant's last OUI conviction occurred more than a decade ago, they may be eligible for sentencing as a first-time offender, potentially mitigating the severity of the penalties.
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If you need a lawyer Michael Carroll is the way to go. Knowledgeable, and professional can't think of anyone else better. If ever need lawyer again he's who I will call!
Grateful for Mike’s help! He is professional, supportive, and responded quickly to my questions. The legal system can be overwhelming and Mike helped me make sense of it. He is not only knowledgeable and experienced, but also friendly and easy to talk to. He charged a very fair price for the value of his services. I highly recommend.
He listened to me and was by my side through the whole process. The road was hard at times but the outcome of my divorce was better than I expected.
Mike is a great attorney with superb negotiating skills. Mike is the go-to person any time I need to run a case by him for his opinion. Mike has a great knowledge of the defense side of a case having been a BI adjuster for many years.
Expertly helped very quickly (with time constraints) and efficiently with great professionalism and affability. Would absolutely recommend his services.
Most excellent lawyer- very hard worker-easy to talk to -always looks out for my better behalf. totally happy !
Being charged with an OUI felony can be a harrowing experience as it can stay on your criminal record for life. Apart from potential hefty fines and incarceration, consequences include lengthy license suspension. Our experienced criminal justice attorney Michael P. Carroll can help you explore plea bargains, challenge faulty evidence, or even pursue dismissal if law enforcement overstepped their bounds. Michel will actively investigate the details of your arrest to uncover weaknesses the prosecution might have overlooked.
Talk to our representative today for more information.
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