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Drug DUI Respected Defense Attorneys Serving Boston & Beyond

OUI-Drugs Attorney in Milford

Facing Drugged Driving Charges? Work with an Experienced OUI Lawyer in Milford

A drug-related OUI charge in Milford can threaten your driver’s license, freedom, and reputation. If you face allegations of driving under the influence of drugs in Massachusetts, choosing the right representation can change how your case unfolds. Local knowledge and strong advocacy give you the support you need when dealing with a stressful legal process.

At Degiacomo & Mikhlin, P.C., you receive dedicated legal guidance through every phase of your case. Our attorneys' experience as former prosecutors allows us to anticipate the strategies used by the government and plan thoughtful defenses for individuals charged with OUI or drug-impaired driving in Massachusetts. The firm prioritizes clear communication and keeps clients fully involved from the initial call to the closing of your matter.

Contact us online to discuss your options with an OUI with drugs lawyer in Milford. Call (617) 941-3666 for a confidential and no-cost consultation. 

Understanding Massachusetts OUI with Drugs Law

An arrest for OUI with drugs (Operating Under the Influence of Drugs) in Massachusetts is a complex and high-stakes criminal charge under M.G.L. c. 90 §24. Unlike alcohol-related OUI cases, OUI-drugs charges rely heavily on subjective police observations and require the prosecution to prove chemical impairment without the benefit of a standardized breathalyzer threshold.

For a conviction of OUI-drugs, the prosecution must prove three core elements beyond a reasonable doubt:

  • Operation of a Motor Vehicle: The accused operated or was in actual physical control of the vehicle.
  • Public Way: The operation occurred on a public way or a place where the public has a right of access.
  • Under the Influence of Drugs: The accused's consumption of drugs (prescription or illegal) impaired their ability to drive safely.

The Forensic Hurdle

Proving impairment by drugs is significantly harder for the Commonwealth than proving alcohol intoxication. The police often rely on:

  • Drug Recognition Expert (DRE) Testimony: Specialized officers conduct a 12-step evaluation to form an opinion on drug impairment. Our firm aggressively challenges the reliability and admissibility of DRE testimony, as it is subjective and often lacks scientific rigor.
  • Blood or Urine Tests: While these tests can show the presence of a drug or metabolite, Massachusetts law states that the mere presence of a substance is not sufficient to prove the driver was under the influence at the time of operation. The prosecution typically needs expert testimony to connect the drug concentration to impaired driving, which our firm is prepared to counter.

Penalties and Consequences of an OUI with Drugs Conviction

A first-offense OUI-drugs conviction is generally classified as a misdemeanor, but the mandatory penalties can disrupt your life and career.

Direct Criminal Penalties (First Offense)

  • Jail Time: Up to 2.5 years in the House of Correction.
  • Fines: 500 to 5,000.
  • Probation: Typically one year, with mandatory conditions.

Administrative and Collateral Consequences

  • License Suspension: Mandatory license suspension of one year upon conviction.
  • Refusal Suspension: If the driver refuses a chemical test (blood or urine in drug cases), the Registry of Motor Vehicles (RMV) imposes a separate administrative suspension of 180 days (which must be served consecutively to any court-ordered suspension).
  • Criminal Record: A conviction results in a permanent criminal record, potentially affecting employment, security clearances, and international travel.

The Massachusetts OUI Defense Process: Dual Defens

Successfully defending an OUI-drugs charge requires expertise in both the criminal court (Milford District Court) and the administrative RMV hearing.

  • Challenging the Traffic Stop: Our firm scrutinizes police conduct to ensure the officer had reasonable suspicion for the initial stop. If the stop was unlawful, we file a Motion to Suppress all subsequent evidence (including DRE observations and test results).
  • Fighting the RMV Suspension: We advise clients on the consequences of refusing chemical testing and fight to minimize the administrative license suspension, as the RMV penalties are independent of the court outcome.
  • Challenging Impairment and DRE Testimony: This is the heart of the OUI-drugs defense. We expose the flaws in the DRE evaluation, argue that performance issues were caused by non-drug factors (e.g., fatigue, illness, anxiety), and challenge the prosecution's scientific argument that the detected drug level caused impairment.
  • Seeking a Continuance Without a Finding (CWOF): For first offenders, our firm negotiates aggressively for a CWOF. This resolution allows the client to plead to sufficient facts, but if they complete a probationary period (and the 24D program), the case is dismissed without a formal criminal conviction.

Why Choose Our Milford OUI Defense Team

Selecting the right representation matters when your driving privileges and record are at stake. Many people charged with an OUI with drugs feel unprepared, especially when Massachusetts penalties are complex and may carry unexpected consequences. 

Our team supports you with both legal insight and accessible, timely updates at every step. We set ourselves apart in key ways:

  • Local legal knowledge of Massachusetts OUI laws: Our team closely tracks changes in state statutes and local court practices for drugged driving cases.
  • 24/7 availability to support you: We respond quickly to urgent questions and concerns at any time, giving peace of mind after an arrest.
  • Advantage of a former prosecutor’s perspective: Our attorneys understand how prosecution teams operate and defend you from every angle in OUI with drugs cases in Milford.
  • Daily focus on OUI defense: Our practice centers on defending clients against charges involving both drug- and alcohol-impaired driving, letting us offer practical strategies.
  • Personal, respectful approach: Clients receive honest answers and genuine support, so you always understand the choices before you.

Our clients appreciate our firsthand knowledge of how OUI with drugs accusations affects life outside the courtroom—worry over family, work, and reputation. Because we represent people in Milford, we understand what matters most to the community and how local courts operate. 

Our familiarity with area judges, prosecutors, and case procedures means we can anticipate timelines and processes, always keeping your concerns in mind. Our team works to keep you informed throughout the process, guiding you through every development so you never feel left out or overwhelmed.

Take the Next Step: Contact an OUI with Drugs Lawyer in Milford Today

When you face an OUI charge, early legal advice can make a difference in preserving your rights and license. Contact Degiacomo & Mikhlin, P.C. to speak with a responsive and experienced OUI-drugs attorney in Milford. With our focused guidance and 24/7 support, you receive answers that help you navigate every requirement, court date, and option ahead. 

Call (617) 941-3666 or reach out online today for a confidential consultation and step forward with confidence. 24/7 availability.

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What Makes This Firm Different?

Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
  • Available to Clients 24/7
  • Nearly a Decade of Legal Experience
  • Successfully Defended Hundreds of Clients
  • Former Prosecutors & Knows How That Side Thinks
  • Represented Clients in MA District, Superior, & Appellate Courts

Noteworthy Case Results

Focused on Getting You the Best Possible Outcome

James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!

  • Not Guilty January 2025 Case Result – Lynn District Court
  • Case Dismissed January 2025 Case Result – Salem District Court
  • Case Dismissed January 2025 Case Result – Fall River District Court
  • Case Dismissed January 2025 Case Result – Haverhill District Court
  • Case Dismissed December 2024 Case Result – Brookline District Court
  • Complaint avoided November 2024 Case Result – Brockton District Court

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