Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Lindsay Lohan To Serve One Day In Jail After Reaching Plea Agreement on Misdemeanor Drunk Driving and Cocaine Charges

Movie star Lindsay Lohan will serve 10 days of community service, complete a drug treatment program, and serve one day in jail after reaching a plea deal on charges of drunken driving and driving under the influence of cocaine. As part of her deal, she will complete an 18-month alcohol education program and be on probation for 36 months.

The actress had initially been sentenced to 96 hours in jail. Her jail time was then lowered to 90 hours because of the time she served during her arrest.

Lohan issued a statement admitting that she was addicted to drugs and alcohol and was taking responsibility for breaking the law by pleading guilty to the charges made against her.

Earlier Thursday, she was charged with seven misdemeanors connected to two drunk driving arrests over the past four months. Prosecutors did not file more serious felony drug charges because they say there wasn’t enough drugs on her to do so.

Lohan pleaded guilty to two counts of being under the influence of cocaine. She also pleaded no contest to one count of reckless driving and two counts of driving with a blood-alcohol level higher than .08%. The two counts of DUI were dropped.

The movie star was arrested in Santa Monica, California on July 24 and in Beverly Hills on May 26. She tested below the .05 grams necessary to be charged with a felony drug crime both times. She entered rehab after both arrests.

OUI in Massachusetts
In Massachusetts, OUI-operating under the influence-is the charge given to someone who has been operating a motor vehicle under the influence of drugs or alcohol. A person can be charged for OUI if prosecutors can prove that the defendant’s ability to operate a car was impaired by driving under the influence of alcohol or drugs. Field sobriety test results and whether a motor vehicle accident occurred are some of the factors that are taken into consideration. The suspect can also be charged with OUI under the “per se” theory, which factors in the blood alcohol test (a result of .08% or more) and the arresting officers’ observations.

The penalties for OUI convictions in Massachusetts:

• 1st Conviction: 2 ½ years maximum jail sentence, license suspension for 1 year, and an up to $5,000 maximum fine • 2nd Conviction: 2 ½ years maximum jail sentence, license suspension for 2 years, and an up to $10,000 maximum fine • 3rd Conviction: 5 years maximum jail sentence, license suspension for 8 years, and an up to $15,000 maximum fine • 4th Conviction: 5 years maximum jail sentence, license suspension for 10 years, and an up to $25,000 maximum fine • 5th Conviction: 5 years maximum jail sentence, license permanently revoked, and an up to $50,000 maximum fine
Pleading guilty to or being convicted of an OUI charge will stay permanently on your record in Massachusetts.

Lindsay Lohan to serve 1 day in jail in plea bargain, CNN.com, August 24, 2007
Lindsay Lohan Gets Jail in DUI Cases, People.com, August 23, 2007

Related Web Resources:

Read the Complaint from Lindsay Lohan’s May 26 Arrest

Massachusetts OUI Basics, Massachusetts DMV.org
If you have been arrested for driving under the influence of alcohol or drugs, you should speak with an OUI defense attorney about the charges against you. At Altman & Altman LLP, our OUI defense attorneys have years of experience helping clients who are charged anywhere in Massachusetts with OUI, DWI, DUI, Drunk Driving, and teen drinking and driving.

For your free case evaluation, contact Altman & Altman LLP today.

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