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.

Can I Get Convicted of OUI in MA if My Blood Alcohol Concentration is Less than 0.08 Percent?

In short, yes. In MA, a blood alcohol concentration (BAC) of 0.08 percent or higher is above the legal limit. However, there are certain circumstances under which you can be charged with OUI with a lesser BAC. Some of these scenarios are listed below.

Zero Tolerance Laws

In Massachusetts – and across the nation – “zero tolerance” laws prohibit underage drivers from having any alcohol in their system. For this reason, even negligible traces of alcohol can result in a OUI conviction if you are under the age of 21. Zero tolerance laws may also come into play when of-age adults are driving drunk with children in the vehicle.

Obvious Impairment

Alcohol isn’t the only substance that can impair your ability to drive safely. Prescription, over the counter, and illicit drugs can be just as dangerous. If you washed down a prescription pain killer with a glass of wine, you may be visibly impaired even though your BAC is under 0.08.

The Passing of Time

If you are stopped on suspicion of OUI, a breath test may not be administered for several minutes or more. If, for example, 20 minutes pass before you submit to the breathalyzer, and the test registers a BAC of 0.07, it could be argued that your BAC had been 0.08 while driving and simply dropped due to the passage of time.

Commercial License (CDL)

If you have a CDL, your legal limit is significantly lower. A BAC of 0.04 percent or higher will result in a OUI charge, even if you weren’t driving a commercial vehicle at the time of the offense. If, however, you were in a commercial vehicle, you will likely face an additional one-year CDL suspension. Further, if you receive a second OUI conviction, your MA CDL will be permanently revoked.

Penalties for OUI Conviction in MA

Keep in mind that MA is tough on OUI charges; juries are rarely sympathetic to those charged with this particular offense. Having a skilled Boston OUI defense attorney is crucial to a favorable outcome. If you are convicted of OUI, you may face the following penalties:

  • First offense: 30 days to a max of 30 months in jail, fines of up to $5,000, and license suspension of up to one year.
  • Second offense: 30 days to a max of 30 months in jail, fines of up to $10,000, license suspension of up to two years, installation of ignition interlock device (IID).
  • Third offense: 150 days to up to five years in jail, fines of up to $15,000, license suspension of up to eight years, installation of IID.
  • Fourth offense: One year to up to five years in jail, fines of up to $25,000, license suspension of up to 10 years, installation of IID.
  • Fifth offense: Two years to up to five years in jail, fines of up to $50,000, permanent license revocation.

Third and subsequent OUI convictions are considered felony offenses. A MA OUI defense attorney can help you determine how to proceed if you’ve been charged with OUI.

Altman & Altman, LLP – Boston’s Premier OUI Defense Law Firm

If you have been charged with OUI or any other criminal offense, the skilled legal team at Altman & Altman, LLP can help. Our experienced, knowledgeable attorneys have extensive knowledge in this area of the law, and an impressive track record of getting clients’ charges reduced, or dismissed entirely. At Altman & Altman, LLP we understand that people make mistakes. Don’t make another one by hiring the wrong attorney. We will analyze the details of your case to determine the best strategy for moving forward and will remain by your side throughout the entire process. If you are facing OUI charges, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.

 

 

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