ARRESTED OR CHARGED WITH DRUNK DRIVING (DUI OUI DWI) IN MASSACHUSETTS If you have been arrested or charged with drunk driving (DUI, OUI, DWI) in Massachusetts, and this is your first offense, then the following information is designed to help you understand the process and your rights. You need know your options before you make any decisions about how to handle your case. POTENTIAL FIRST OFFENSE CONVICTION The first time you are convicted of an OUI in Massachusetts you will be fined from $500-$5,000.
You also face up to 2 1/2 years in prison and your drivers license will be suspended for the period of 1 year. If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
It’s in your best interest to find the right DUI lawyer. Your choice can mean the difference between paying a good attorney now or paying the rest of your life with a criminal record. Call 888.684.6494 WHAT TO EXPECT YOUR FIRST DAY IN COURT When you arrive at the courthouse you need to check into the probation department and they will get some biographical information from you in order to check your criminal history.
Once done in probation you will be told to go into the main/first session courtroom. When your name is called they will go forward with an ARRAIGNMENT, which is a formal way for the court to charge you with a crime. The clerk or judge will enter a plea of NOT GUILTY. You will be released on your personal recognizance, your promise to appear back in court, and give you a date to go back to court called a pre-trial conference date.
The court will also inquire about your intentions to hire a lawyer. The court will expect you to have a lawyer by the next court date. WHAT ABOUT MY LICENSE? If you refused to take the breath test and this is a first offense, the Registry of motor vehicles will suspend your license for 180 Days. If you have taken the breath with a reading of .08 or above, the registry of motor Vehicles will take your license for 30 Days.
Don’t take another chance, call Attorney Milligan for a free case evaluation today. Call 888.684.6494 THERE ARE NO HARDSHIP LICENSES FOR BREATH TEST REFUSAL SUSPENSIONS. If you refused the breath test, under the OUI statute you are entitled to a hearing to challenge your refusal suspension. You want to take advantage of this hearing. You have 15 days from the date of your arrest to appeal your license suspension As stated above, the Massachusetts Registry of Motor Vehicles does not give work or daytime licenses for breath test refusal or breath test failure suspensions.
You either get it back completely or not at all. The first step is at the Registry of Motor Vehicles where we conduct a brief hearing, which is frequently denied, but is unfortunately a necessary procedure. Assuming the Registrar denies our hearing appeal, the second step is to petition the District Court where you were arraigned to reverse the Registrars’ decision. (This is where Attorney Milligan has the opportunity to get your license back).
The appeal is somewhat technical in nature. When you were brought back to the police station after your arrest and booked, the officer or trooper is supposed to complete some forms pursuant to procedures set forth by the police department and the Registrar. This paperwork is sometimes not completed in the proper form or not completed at all. You should not try this appeal on your own, you need a lawyer who has experience in Massachusetts drunk driving law and who knows how the Registry works and what to look for in these forms.
There are no additional fees for my office to handle your registry hearing. Once retained we want to help you in any way we can. Most drunk driving lawyers in Massachusetts will tell you trying to get your license back is a waste of time. One thing is for certain, if you do not try, you will not get your license back. It is not a waste of time to our lawyers and is certainly worth the effort given the minimal inconvenience the appeal requires.
If you’ve been charged in Massachusetts with drunk driving or operating under the influence of alcohol you need an attorney who is certified in drunk driving defense and has a proven record of success. MASSACHUSETTS BOARD CERTIFIED DRUNK DRIVING DEFENSE LAWYER Massachusetts board certified drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County.
If you have been charged with 1st offense drunk driving DUI DWI OUI in Massachusetts, contact Attorney Milligan for a Free Case Evaluation.See Also: Change Is Good You Go First
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Massachusetts OUI Breathalyzer Defense If you were convicted of an OUI in Massachusetts prior to 2016 and a breathalyzer test was used as evidence in your case, the accuracy of your breathalyzer test could be in question and your conviction could be overturned. Find out if your case qualifies and learn your options: James Milligan is an expert in sobriety and breathalyzer testing and was one of the lead investigating attorneys who identified the widespread inaccuracies of the Draeger Alcotest 9510 breathalyzer machine in Massachusetts.
[Learn more…] Experience With over twenty years concentrating entirely on Massachusetts drunk driving defense, Attorney Milligan handles more DUI and OUI cases a year than most attorneys do in their career. Dedication Attorney James Milligan is one of just a few lawyers in Massachusetts that is board certified in drunk driving defense as recognized by the American Bar Association.
Results If you’ve been charged with operating under the influence in Massachusetts you need an attorney who is certified in drunk driving defense and has a proven record of success. Powerful Representation. 20 Years of Proven Results. Attorney James Milligan is a top rated Massachusetts DWI DUI OUI defense lawyer. He is one of just a few lawyers in Massachusetts who is board certified in drunk driving defense as recognized by the American Bar Association.
Concentrating his practice entirely on Massachusetts drunk driving defense, OUI defense, DUI defense, and DWI defense, Attorney Milligan is often the best resource for other lawyers representing a client charged with drunk driving. If you’ve been charged in Massachusetts with drunk driving or operating under the influence of alcohol you need an attorney who is certified in drunk driving defense and has a proven record of success.
It’s in your best interest to find the right DUI lawyer. Your choice can mean the difference between paying a good attorney now or paying the rest of your life with a criminal record. Don’t Take Another Chance… Contact Attorney Milligan for a free case evaluation [embedded content] Top rated Massachusetts OUI DUI DWI defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County.
Recent Updates on Breathalyzer Tests in Massachusetts Possible Massachusetts DUI OUI Convictions Since 2011 Overturned On October 16, 2017, Daniel Bennett, Secretary of The Executive Office of Public Safety, issued findings based upon their investigation into the Office of Alcohol Testing (OAT), the agency that maintains the breath test devices in Massachusetts based upon allegations of malfeasance.
This investigation comes on the heels of allegations from Attorney Jay Milligan… Read More OUI DUI Attorneys – Massachusetts withheld evidence about breathalyzers OUI DUI defense lawyers, including Attorney James Milligan, representing 750 drunken driving defendants in Massachusetts say the state withheld evidence that might show breathalyzer results were flawed. The Boston Globe reports (http://bit.
ly/2vrag83 ) the lawyers believe they are missing about 400 potentially exculpatory documents detailing the calibration of the devices. The Office of Alcohol… Read More What our Clients are saying… Commonwealth v. A.E. – Quincy DC (Weymouth PD) Charge(s) – OUI Result: OUI – Not Guilty Client was directed to the screening area when passing through a sobriety checkpoint.
Officer detected a strong odor of alcohol emanating from the client and noticed her speech to be slurred and her eyes to be red and glassy. Client admitted to having three drinks earlier that evening when asked by police. Officer administered a series of field sobriety tests. Client failed all assessments and consented… Read More Relieved Mom Atty. Milligan was an absolute blessing. He helped us through a very long and drawn out legal process for my child’s DUI charges and talked to us as well as to his official client.
When the case finally came to trial after two years and the sixth time in court, his advice and his representation won the day. We will always be grateful. by a DUI client Read More Review of Jay Milligan Over two years ago, Jay Millligan took on my case. It was an OUI Roadblock case, and Jay explored every avenue possible before going to trial. While those did not come to fruition, he was professional throughout and was impressed with his knowledge.
About 23 months after the incident, I finally went to trial (this was my 2nd OUI, so it was important to fight it) Jay advised me throughout and kept me calm…. Read More Best of the best In January, I was charged with an OUI after being out with my boss and co-workers and lost control and totaled my car when trying to avoid a collision With an oncoming vehicle. No other vehicles were involved but I sustained injuries.
I have 2 other OUIs. One was 24 and one was 18 years ago in other states. Mr. Milligan and Mr. Higgins were able to negotiate a very very favorable outcome and… Read More Trust in Jay Witnessing James Milligan defend my case was something I’ll never forget. There is now a plea sent story to tell about my OUI case because of him and I will never be able to thank him enough . by Marc, a DUI client Read More Extremely Impressive Performance I have only positive things to say about the Law Offices of James Milligan.
I was arrested and charged with DUI, I was very upset and worried about the whole situation. Jay Milligan was recommended to me as “the top attorney” in this area so I immediately contacted him. His associate met with me within a day or two after the incident and was extremely professional, calm and knowledgeable. I immediately knew I was… Read More Best DUI OUI Defense Attorney in Massachusetts! I have just finished reviewing all of the written documentation on my DUI arrest.
James listened very carefully about my physical issues and details of how the police handled the case and my arrest. Like many of you, I’ve never been in “trouble” with the law and being identified and treated, as a criminal was a very unsettling. The first lawyer I hired discouraged my desire to appeal at the RMV. He said, “Nobody… Read More Fantastic DUI Attorney “Jay was great, he kept me informed during my entire case.
He charged me a flat rate up front which is great because you don’t have to worry about how much you will be billed in the end. The best part of all is I was found not guilty. If you are charged with OUI, Jay is hands down the best guy in Mass to represent you.” Jake – Quincy DUI Client Read More Best chance at mitigating the penalties involved in these situations “Not only is Attorney Milligan highly knowledgeable in his specific field of Massachusetts Drunk Driving Law, he also provides a comforting guide through difficult times, by always interacting in the most professional and supportive manner possible.
At the end of the day you should hire him because he will most likely represent your best chance at mitigating the penalties involved in these situations, but if you do, you will so appreciate the way in… Read More Sharp, focused, intelligent, passionate, articulate “After the trial the first words out of my mouth to Atty. Milligan were something to the effect of suggesting he start a show on T.
V. such as Law and Order or Criminal Minds. His performance was one that had me completely mesmerized……outstanding. I find myself telling friends with enthusiasm the questions he asked, the answers in response to those questions, his mannerisms, etc….they all clicked together with perfection. Attorney Milligan is a sharp,… Read More