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Operating Under the Influence (OUI)

Massachusetts OUI Defense Lawyers

Operating Under the Influence (OUI) Getting arrested for an OUI can be a very scary experience. You have been handcuffed, processed, and told that your right to operate a vehicle has been suspended. You may be worried about the penalties and how this is going to affect your future and your family. Here is the good news: the KJC Law Firm Worcester and Boston OUI attorneys can give you the information you need to help get your life back on track. Doctors, lawyers, students, teachers, professional drivers, nurses, even law enforcement officers are just some examples of the types of people who have come to us for help. Whether you decide to take a plea deal or fight the case at trial, we can help you.

The first step is to understand the law. Many people think they have been arrested for “drunk driving” or “driving under the influence.” There is no such law in Massachusetts. In Massachusetts, it is against the law to operate a motor vehicle under the influence of intoxicating liquors. This is commonly referred to as a charge of OUI. You do not have to be driving the vehicle in order to be charged and convicted. Some people have been convicted when they were just sitting in the vehicle with the keys in the ignition, even though the vehicle was not running. This is enough to be “operating” the vehicle. The prosecutor and police will not need to prove that you were drunk. They only need to prove that you were impaired. There are two ways in which they can try to convict you of operating under the influence. First, there is a presumption in Massachusetts that you are impaired if your blood alcohol concentration (BAC) is greater than .08%. Second, the officer may form an opinion that you were impaired after observing your driving and performing field sobriety tests (FST).

You may be asking yourself if it is even possible to win your case at trial. The answer to that question is different for every case, and no reputable lawyer would ever guarantee a victory in court. However, our law firm is comprised of highly skilled and experienced trial attorneys and we can help you decide if you should fight your case in court.

Our Worcester and Boston OUI attorneys have created several pages on this website that are filled with no-nonsense information intended to help you learn about OUI laws in Massachusetts and to explain in detail why those questions listed above are crucial to defending your case and getting you your license back. Please take a few minutes to read them and call or email us any time with any questions.

Why did the police officer pull me over? This page explains what evidence the police need under the Constitution to stop you and then ask you to perform alcohol testing.

Are the results of my breathalyzer test accurate? This page explains how a breathalyzer works and why the results may not be accurate.

Are the results of my breathalyzer test admissible in court? This page explains various requirements for the breathalyzer test to be admissible in court, and the common reasons to exclude it.

What will happen when I go to court? This page explains what happens at each stage of the proceeding.

What could happen to me? This page explains, in very simple terms, exactly what the penalties could be for an OUI.

If you or a family member has been charged with OUI, call KJC Law Firm for a free consultation. We will tell you whether you have a defense and help you fight your case. The OUI lawyers at KJC Law Firm in Worcester and Boston have more than 90 years of experience litigating major cases, including numerous criminal defense cases in general, and OUI cases specifically. We have the resources to investigate your claim, hire the necessary experts, and get you the justice that you deserve. KJC Law Firm represents people accused of crimes from communities all across Massachusetts, including the Greater Boston area, Cambridge, MetroWest, Cape Cod, Fall River, Lowell, Worcester and Springfield.

Client Reviews
We wanted to thank you again so much for all you did for us and your support throughout this ordeal. You did a great job for us and we truly appreciate it. We wish you well always. Dot and Alex
We are extremely happy that we chose Kathy Jo Cook as our attorney. She brings experience, knowledge and compassion into the complicated legal process. Day or night, Attorney Cook always had time to talk to us and answer any questions we had throughout. We highly recommend her. Christopher & Mary Casella
KJC Law firm handled my case and I was very pleased with the results. The Team there always returned my calls or emails quickly. They are very direct and upfront on how they feel the case will go and the best ways of handling it. I would definitely call them again should I need their assistance and will recommend them to others highly. J G.
Law firm represented myself and another individual in a work related age discrimination case and was successful in obtaining a settlement in our favor. Couldn't be happier with the results and the representation. Mike K.
I have worked with Kathy Jo Cook for over a decade. She has represented me in both personal and professional matters and has given 150% every time. Kathy Jo is hardworking and always has my best interests in mind. She is professional and reliable and has been accessible as needed, even after business hours. Kathy has expertise in many areas of law and is incredibly fair and ethical in her client work. We secured favorable outcomes every time that have enabled me to enjoy more happiness, health and success in my life. Mindy