Many people who receive a driving under the influence (DUI) or operating under the influence (OUI) charge, as it is known in Massachusetts, assume that the offense is relatively simple and thus believe they should represent themselves when the case comes to court. Each individual is entitled to do so. However, below are several facts to consider before making a decision.
Certain attorneys specialize in drunk driving defense. They understand the intricacies of the law and the administration of the court. Although you may have read up on issues such as blood alcohol content (BAC) levels and other requirements of the law, presenting your case in court is quite different and only an experienced OUI defense attorney is capable of effectively navigating the process and identifying defense opportunities.
An attorney will be able to investigate the matter thoroughly and may be able bring motions to suppress and/or dismiss which would dramatically affect the outcome of the case. For example, if proper breath testing procedure was not followed then an experienced attorney may be able to get the results suppressed.
Also, an attorney may be able to show that probable cause did not exist to charge OUI and could negotiate the matter to a lesser offense such as negligent operation or operating recklessly. A plea bargain can affect the amount of fines, jail time, education programs, and license suspension.
Given the severity of the penalties and the complications of Massachusetts law, it is strongly advised that you have legal representation for an OUI. Defending an OUI charge yourself could affect the rest of your life. If you’ve been charged with an OUI in Worcester, please contact us to speak with an experienced OUI attorney and receive a free case evaluation.