What is the penalty and is there a mandatory jail sentance?

Asked about 5 years ago - Massachusetts

I was pulled over for a faulty exhaust. After running my name Apparently it cane back as a suspended licsense. The officer then put me threw 4 feild sobrioty test. I passed the first three. The fourth was heel to toe, 9 counts up and 9 counts back. When trying to complete after his instructions he arrest me for oui and a suspend lic and faulty equipment. I do not own the vehicle. I was driving it home for a 22 year old who was graduating from the police academy the next day. She was highly intoicated and not in the vehicle.

Attorney answers (4)

  1. Henry Lebensbaum

    Contributor Level 20

    Answered . No, there is no such penalty.

    However, given the facts you need to speak to a criminal defense attorney, and you can contact me.

  2. Joseph K. Chancellor

    Contributor Level 13

    Answered . You have some options. As a former police officer that has made dozens of drunk driving arrests I now represent people that are charged with oui. First things first, the question will be if the officer made a valid stop and if not can the stop be suppressed by motion. Then, if you didn't take a breath test you have a good shot at a jury trial of beating the charge.

    In either case, you need to speak with a lawyer right away. I'm happy to give you a free consultation and then see what your chances and options are. Please call me at the office tomorrow. Joe Chancellor (617) 725-2675.

  3. Gregory Casale

    Contributor Level 13

    Answered . Although the statute alows for a jail sentence for OUI, it is rarely given to a first offender. More likely, there will be a loss of license and probation if you are found guilty or admit to the offense. There is very little to gain by pleading guilty to a 1st offense OUI. Typically, the sentence imposed on a finding of guilt and the plea deal are essentially the same thing, so why not give it a fight. If your facts have any room for challenges, and your facts certainly have plenty of things to challenge, it seems a sin not to fight the charge. We do hundreds of these cases and there is almost always something to challenge. For more information go to my website or call me. There is no charge for the free consultation. If I think you have a good case to try, I will tell you. If it appears to be overwhelming evidence against you, I would advise you to take a plea. I always tell people who are on the fence about hiring a lawyer that the money that they may save be not hiring a good attorney will be long forgotten, while the entry in their criminal history record remains for life. Make your decision carefuly.

  4. Theodore W. Robinson

    Contributor Level 20

    Answered . I agree with the first answer. For this type of crime, there is usually only county jail time available and on a first offense, even that wouldn't normally occur. Your case should be able to be plea bargained downward and disposed of with a lesser plea.

    Good luck.

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