Should I hire an Attorney if I am charged with an Operating Under the Influence of Drugs or Alcohol?

If you have been arrested or charged with Operating Under the Influence (OUI) or what many states commonly refer to as Driving Under the Influence (DUI) then you are already discovering the complicated procedures of the criminal court and the effect that this charge can have on your life. You could have been charged with an OUI/DUI for alcohol or drugs. Operating under the influence of drugs is a growing concern for the public safety given the opiate epidemic plaguing the Commonwealth of Massachusetts and the near daily news coverage of resulting tragedies.  Given the increase in public concern the police have responded by charging individuals with OUI Drugs. This can lead to even more consequences than an OUI for alcohol because the police have the ability to contact the Registry of Motor Vehicles to suspend your license indefinitely as an immediate threat to public safety and if this happens the process for getting your license back is long and complicated.

If you are going to proceed in your case by having a trial, it is always in your best interest to be represented by an attorney that knows the rules of evidence, the trial procedures, and the best way to defend against these specific charges. An experienced attorney will also be able to look at the evidence against you and determine what motions need to be filed on your behalf. For example, to admit the results of a breath test against you at trial certain procedures needed to have been adhered to, and an attorney can look at the evidence and see if the proper procedures were followed. If the procedures were not followed your Attorney can file motions to prevent the results of your breath test from being used as evidence against you. Your attorney can also advise you on the best experts to challenge assertion that you were under the influence of drugs.

Additionally, whether or not you have been charged with a second OUI/DUI, third OUI/DUI, or even fourth offense OUI/DUI will have a tremendous impact on what work needs to be done in your case. Massachusetts has mandatory minimum jail time if you have been charged with a multiple offense OUI/DUI.  You will need an experienced attorney that can ensure that you have been charged correctly, assert all possible defenses, as well as the possibility of advocating on your behalf for a lesser charge with less severe consequences.

At Cohen Cleary, P.C. we have extensive experience representing clients charged with Operating Under the Influence of either drugs or alcohol. We will advocate on your behalf to ensure that all the proper procedures were followed in your case, and zealously fight your case at trial. Please contact our office in Raynham or Plymouth at (508) 880-6677  or request a consultation online to discuss your case as soon as possible because time is of the essence when you have been charged with an OUI/DUI.

Authored by Massachusetts Attorney Kellie Sanders, Esq

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