Operating a motor vehicle under the influence of Alcohol is often a very serious offense in the state of Massachusetts. If the operator has a blood alcohol content of .08% or greater, then they are unable to effectively operate a motor vehicle. Being convicted with an OUI can have serious lifelong consequences and can often be a very expensive endeavor.
Attorney John B. Seed works to fight for every OUI case and get the results the client needs. With experience on both sides of the law, Attorney Seed has the knowledge and experience to defend each of his clients the most effective way possible. Attorney Seed has litigated over 700 individual OUI cases as both a prosecutor and defense attorney.
Generally OUI offenses fall into three categories
- 1st Offense: jail time up to 30 months, suspended license for one year, and a fine of $500 to $5000. Alternative disposition: case is Continued without a Finding of Guilt (CWOF) for one year. Client must enter and complete 40 hours of alcohol education and license suspension not less than 45 days, not more than 90 days with hardship license eligibility three business days after plea deal.
- 2nd Offense: mandatory jail time of at least 60 days, loss of license for two years, and a fine of $600 to $10,000. Alternative disposition: suspended jail sentence for two years of probation with a 14 days inpatient program.
- 3rd Offense: Felony – jail time of at least 180 days minimum mandatory, or up to 5 years in State Prison, 8 year license suspension, and a fine of $1,500
- 4th Offense: jail time of at least 2 years minimum mandatory, or up to 5 years in State Prison; 10 year license suspension, and a fine of $1,500 to $25,000.
- 5th Offense: minimum mandatory 2.5 years in jail or up to 5 years in State Prison, permanent license suspension, and a fine of $2,000 to $50,000
When calculating how many drinks one can consume and operate a motor vehicle, there are a number of factors to consider. For example, the physical attributes of the individual, how many drinks the individual has consumed, what type of drinks being consumed and how much a person has eaten that day. The best and most effective way to ensure your BAC is not over the legal limit is to simply avoid drinking and driving.
Every day it is calculated that nearly 300,000 people operate a motor vehicle intoxicated, but only 4,000 of the 300,000 are arrested. Though that number seems small, it is better to be safe and not drink and drive then risk the chance of endangering not only your life, but the lives around you.
If you or a loved one has been involved in an OUI and needs a quality and reliable defense attorney, contact the Law Offices of John B. Seed at 508-817-3194.