What is the Difference Between OUI and DWI?

Across the nation, drunk driving laws are aimed to curtail impaired driving and save lives.  It turns out Massachusetts uses the OUI standard and the biggest distinction is that a driver may be charged if the keys are in the ignition, even if the operator pulled off the road to sleep off a bottle of Jack Daniels. In states with DWI laws, this same impaired operator may not be charged if he or she pulled off the road.

Where did these stricter laws come from?

Impaired driving laws save lives and efforts to curtail repeat offenders were bolstered with the enactment of Melanie’s Law in 2005. The statute is named after thirteen year old Melanie Powell of Marshfield who was killed in an accident caused by a repeat offender in 2003. Melanie’s Law strengthens the penalties for repeat drunk drivers. Statistics show that the roads have become safer under Melanie’s Law- 3500 Massachusetts drivers with a history of driving drunk are unable to start their cars today without first blowing a clean, sober breath into a tube to unlock their ignition.

It is important not to run from your responsibility.  It will follow you for the rest of your life.  You need to contact an attorney immediately.  If you don’t then you will risk serving jail time and piling up increasingly higher fines.  Do not take this lightly…tackle the situation head-on.

If you have been arrested for a DUI or OUI in the Commonwealth, contact Massachusetts Criminal Defense Attorney Paul R . Moraski at (978) 744-1200 immediately for a free phone consultation.

What Are The Elements Of Appealing A Conviction In Massachusetts?

Do you know what to do if you have been arrested for an OUI in Massachusetts? Once you have been pulled over, and if you submitted to and failed the breathalyzer test, the next place you'll find yourself is in police custody. In the instance that you refused the breathalyzer test, you will still be arrested and only have 15 days from the date of the arrest to file an appeal. It's imperative that an appeal is filed, otherwise your license is suspended automatically.

Regardless of which actions were taken, next steps are important. Contact an attorney immediately, otherwise you risk losing driving privileges for an extended period of time, serving jail time, paying increased fines, and having this mark your driving record.

If you have been arrested for OUI in Massachusetts, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

How Much Are OUI Fines In Massachusetts?

In the state of Massachusetts it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. This limit is lower for drivers under the age of 21 and drivers of commercial vehicles. The .08 percentage limit for adults is the standard measurement of the "impaired" driver across the United States.

In Massachusetts, a DUI is called an OUI, or "Operating Under the Influence". Massachusetts also has what is known as "Melanie's Law." This law was enacted in 2005 and increases the penalties to the drunk driving convictions in Massachusetts. Below is a comprehensive list of one can expect when facing OUI/DUI in Massachusetts.

First Drunk Driving Conviction
Jail - Up to 30 Months
Fine - From $500 to $5,000
Fine - $250 Assessment
Fine - $50 DUI Victim Trust Fund
License Suspension - 1 Year
Court Assigned Treatment Program

Second Drunk Driving Conviction
Jail - From 30 Days to 30 Months
Fine - From $600 to $10,000
License Suspension - 2 Years
Hardship License - Eligible after 1 Year
Ignition Interlock Device Required

Third Drunk Driving Conviction
Jail - From 150 Days to 5 Years
Fine - From $1,000 to $15,000
License Suspension - 8 Years
Hardship License - Eligible after 2 Years
Ignition Interlock Device Required

Fourth Drunk Driving Conviction
Jail - From 1 to 5 Years
Fine - From $1,500 to $25,000
License Suspension - 10 Years
Hardship License - Eligible after 5 Years
Ignition Interlock Device Required

Fifth Drunk Driving Conviction
Jail - From 2 to 5 Years
Fine - From $2,000 to $50,000
License Suspension - Permanent

The steep fines paired with jail time are why it's imperative that an experienced attorney is involved when faced with this matter. If you find yourself on the receiving end of a DUI/OUI Charge in Massachusetts, contact Attorney Paul R. Moraski at 1-978-744-1200.

The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370
attorneymoraski@yahoo.com
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

New Information On Melanie's Law In Massachusetts

About a year ago, the state Senate voted unanimously to close a perceived loophole in Melanie's Law, the measure intended to crack down on repeat drunk drivers.

A recent Supreme Judicial Court decision said the Registry of Motor Vehicles could not count cases that are "continued without a finding" as convictions in determining what sanctions to bring against repeat drunk drivers. Drivers who acknowledge that they were driving drunk can sometimes have their cases continued without a finding, which means that a judge will suspend their case for a period of time and, if they don't get into further trouble, the charges will be dropped.

This is no longer the case. The State has implemented harsh new restrictions on those who prove to be "repeat offenders." DUI, DWI, and OUI are very serious offenses and if you have more than one, expect to be dealt with in a much stricter fashion than a year ago.
That is why it is imperative to have competent legal counsel who understands DUI laws in the State of Massachusetts. These laws are ever-evolving and simple little changes like the revision in Melanie's law can drastically affect your future. No longer will a judge continue without a finding for a repeat offender. One can expect to face stiffer penalties and jail time in comparison to a first time offender.

If you or someone you know has been arrested for DUI, DWI, or OUI in the state of Massachusetts, don't delay, contact contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200. Only a DUI attorney who understands the complicated process can guide you through this unfortunate time.


Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//