Milford DUI/OUI Attorneys 

Experienced OUI/DUI Lawyers Fighting for You

It’s never a good day when you see flashing lights in your rearview mirror. A routine traffic stop can be stressful, but if you’re charged with a DUI (Driving Under the Influence) or OUI (Operating Under the Influence) in Milford, MA, the stakes are much higher. 

You could be facing steep fines, license suspension, and even jail time. When your future is on the line, you need an experienced OUI attorney in Milford who knows how to fight for you.

At Degiacomo & Mikhlin, P.C., we have successfully defended countless clients against DUI/OUI charges in the Milford District Court. Our firm is dedicated to protecting your rights and helping you achieve the best possible outcome.

Contact us online or call (617) 941-3666 today to schedule a free consultation with our OUI defense attorneys in Milford.

Understanding DUI/OUI Charges in Massachusetts

In Massachusetts, the crime of Operating Under the Influence (OUI) is defined under Massachusetts General Laws (M.G.L.) Chapter 90, Section 24. A person commits this offense if they operate a motor vehicle on a public way while under the influence of alcohol, drugs, or a combination of both. 

The law also establishes a "per se" violation for alcohol-related offenses, meaning that if a person's blood alcohol concentration (BAC) is 0.08% or greater, they are, by law, considered to be under the influence. For drivers under 21, the legal limit is even lower at 0.02%. 

A knowledgeable OUI lawyer in Milford will meticulously analyze the specific details of a client's case to find any weaknesses in the prosecution's case.

The prosecution's case often relies on a variety of evidence, including police officer observations of a person's driving, their performance on FSTs, and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced Milford OUI attorney.

Classifications of the Offense

In Massachusetts, an OUI is a serious criminal offense. While a first, second, or even third offense is typically a misdemeanor, the charge can be elevated to a felony under specific circumstances. The penalties increase significantly based on the number of prior convictions and the presence of aggravating factors.

• First Offense: A first OUI conviction is a misdemeanor. The penalties can include a fine of $500 to $5,000, a jail term of up to 2.5 years, and a license suspension of one year.
• Second Offense: A second OUI conviction is a misdemeanor. The penalties are significantly increased, including a mandatory jail term of 30 days to 2.5 years, a fine of $600 to $10,000, and a license suspension of two years.
• Third Offense: A third OUI conviction is a felony. The penalties are further increased, including a mandatory jail term of 150 days to 2.5 years in a house of correction or up to five years in state prison, a fine of $1,000 to $15,000, and a license suspension of eight years.
• Fourth or Subsequent Offense: This is also a felony. The penalties are severe, including a mandatory jail term of one to 2.5 years or a prison sentence of up to five years, a fine of $1,500 to $25,000, and a license suspension of 10 years or a lifetime suspension.

Penalties of an OUI Conviction in Massachusetts

Massachusetts has some of the strictest OUI laws in the country. A conviction can result in severe consequences, including:

• License Suspension: A first-time DUI conviction can result in a one-year suspension. Refusing a breathalyzer test leads to an automatic 180-day suspension.
• Hefty Fines: Fines for a first offense range from $500 to $5,000.
• Jail Time: A first-time conviction carries the possibility of up to 2.5 years in jail.
• Ignition Interlock Requirement: Some convictions require a two-year ignition interlock device (IID) installation.

Understanding the intricacies of these laws is essential for mounting an effective defense. For instance, license suspensions are not always set in stone; a hardship license, also known as a Cinderella License, may allow limited driving to work or school. Knowledge of such allowances can be critical for minimizing disruptions to your daily life. Additionally, the fines and jail time associated with a DUI conviction emphasize the importance of having a knowledgeable defense team, as penalties can vary depending on the specifics of the case and any previous offenses.

How Our Milford DUI Lawyers Can Help

At Degiacomo & Mikhlin, P.C., we take an aggressive and strategic approach to DUI/OUI defense. We will:

• Examine the Legality of Your Traffic Stop and Arrest: We scrutinize every detail to ensure all procedures were followed legally.
• Challenge Breathalyzer and Field Sobriety Test Results: Our team identifies inaccuracies or procedural missteps that could invalidate the evidence.
• Identify Constitutional Violations or Procedural Errors: These can provide a basis for having charges reduced or dismissed.
• Negotiate Reduced Charges or Alternative Sentencing: Our aim is to minimize the impact on your life and future.
• Fight for Dismissal or Acquittal in Court: We are prepared to advocate fiercely for you in court to secure the best outcome.

Our approach involves a thorough investigation of every detail of your case. This includes analyzing police reports, gathering witness statements, and reviewing video footage if available. We leverage our understanding of local laws, including Milford's specific regulatory environment, to find weaknesses in the prosecution's case. By meticulously scrutinizing every aspect of your arrest, we can uncover procedural missteps or rights violations that could benefit your defense strategy. Our goal is to ensure the best possible outcome for your case, whether that's a reduction in penalties, a negotiated settlement, or a full acquittal in court.

Former Prosecutors on Your Side

Attorneys James G. DeGiacomo and Sergey Mikhlin bring a unique advantage as former prosecutors. They understand how the prosecution builds cases against DUI defendants—and they use that knowledge to dismantle the charges against you. Their experience allows them to anticipate the state’s tactics and develop a powerful defense strategy.

Having former prosecutors on your team means you benefit from insights into how the other side thinks. This experience is invaluable when crafting defenses that directly counteract typical prosecutorial strategies. Moreover, their familiarity with the inner workings of the Massachusetts legal system allows for precise and effective challenges to evidence and testimonies. This insider perspective is not just an advantage at trial; it informs every step of our defense process, from pre-trial negotiations to courtroom presentations, increasing the chances for a favorable outcome.

Contact a Milford DUI Attorney Today

Being charged with a DUI or OUI can feel overwhelming, but you don’t have to face it alone. The sooner you contact our experienced DUI attorneys in Milford, the sooner we can start building a strong defense on your behalf.

Call us today at (617) 941-3666 for a free consultation or fill out our contact form. Take the first step toward protecting your future.