Dedham Second Offense OUI Lawyer

A second offense OUI charge can be intimidating. However, an experienced defense attorney can examine the facts of your case and go over your legal options with you.

Attorney DelSignore has been handling cases out of Dedham District Court for years; he has defended many drivers accused of a second offense out of Dedham District Court.

In a second-offense DUI charge, the standard recommendation is going to be that, if you take a plea on the case, you will undergo a two-week inpatient program, aftercare, which takes about a year, and two years of probation. There probably will be a suspended jail sentence of 60 to 90 days and a two-year license loss.

If the two offenses are outside of 10-year period, you may be able to get a resolution as a second-chance first offender where you will only lose your license for 45 days, have to do the 24-D Program again, and pay the fines and fees as if it is a first offense.

There is a possibility of jail time on a second offense OUI. Judges in Dedham District Court may not always give you probation after being arrested again for another OUI. If your arrests are close in time, you face the potential for a jail sentence. There is a way to reduce your likelihood of getting jail time. Enroll yourself in treatment immediately after the arrest. This will show the judge that you are serious about recovery and moving forward with your life. Treatment can never be used against you; if you are found not guilty, you would not have needed the treatment for court, but it will likely help you moving forward with your life. If you are found guilty, it will be something your lawyer can use to argue for a more lenient resolution of the case.

Some people thing if I am in treatment the court will think I have a problem; that is not the case; the court thinks anyone who is charged with a second offense, has a drinking problem of some degree, regardless of the outcome of the case. In Dedham District Court in particular, on a second offense being proactive could make the difference between probation and a jail sentence.

If you refused the breath test at the police station, your license will be suspended for three years. If you take the test and fail, it is suspended for 30 days. After 30 days, they can get the full license back. If they refuse the breath test, it is a three-year suspension. There is an appeal process. The license suspension appeal process is the same regardless of offense level. However, it is difficult to get the refusal or return on appeal. The best way to get the license back after a second offense is to be found not guilty. Then, there is a presumption of reinstatement on the three-year refusal suspension. However, the refusal penalties do go up significantly for a second offense. A Dedham second offense OUI lawyer can attempt to mitigate the penalties that an individual may face.

More about the breath test:

For years, breathalyzer results were routinely accepted by the court until a statewide appeal in 2015 when defense attorneys across Massachusetts brought a motion to question whether the machines were reliable. On April 18, 2019, the Office of Alcohol testing came into compliance with a court order allowing it to use breath test evidence again in court.

However, if you were convicted of OUI prior to that date, you may have a basis to file a motion to vacate your prior OUI plea.

False Positives and Inaccurate BAC Scores

Some medical conditions such as Gastroesophageal reflux disease (GERD) can cause breath test results to be artificially high. GERD is a medical form of nearly constant heartburn caused by the regurgitation of the stomach acid. That can bring up the alcohol into a person’s mouth which causes a BAC that is higher than what would be in the person's blood.

Asthma can also affect breath test results and make them artificially high depending on whether the person uses their inhaler shortly before taking the test.

On the night of your arrest, the officer may have claimed that they made an observation of slurred speech or bloodshot, glassy eyes. When that is the case, the officer asks the driver to get out of the car to perform field sobriety tests. Usually, the officer starts with a physical test such as the one-leg stand or the nine-step walk and turn:

Field sobriety tests are tests approved by the National Highway Traffic Safety Administration that determine whether someone is under the influence of alcohol. NHTSA states that poor performance on these tests correlates to breath test results of 0.08 or above. There are a series of physical tests that determine divided attention skills and balance.

1. Horizontal Gaze Nystagmus Test

The officer asks the driver to move their eyes to the right and left and determines whether the person follows directions and whether their eyes show movement which is known as nystagmus. Based on the results of the test, the officer determines whether they believe the person had too much to drink. However, this test has not been ruled scientifically reliable and is therefore inadmissible as evidence at trial.

2. Walk and Turn Test

This is sometimes referred to as the nine-step walk and turn. In the instructional phase, the officer asks the person to stand with their hands at their side and place one foot in front of the other touching heel to toe. The officer directs the person to not start until the officer finishes giving the instructions. The officer evaluates whether the person can keep their balance and does not start too soon. Once the test starts, the officer asks the person to walk out nine steps heel to toe in a straight line and make a pivot turn. The person walks back nine steps touching heel to toe in a straight line. Throughout the test, the person must count in order.

3. One-Leg Stand Test

For the one-leg stand, the officer asks the person to stand with their feet together, their arms at their side, and not start too soon. Once the person asks the person to begin the test; the person raises their foot six inches off the ground and holds that position counting out loud for 30 seconds. The officer looks to see if the person swings, hops, puts their foot down, cannot count in order.

*While at the police academy, the officers are trained to look for certain signs of impairment when having motorists perform the field sobriety tests roadside. They have manuals and are supposed to instruct every person that takes the test in the same way. However, these tests are subjective and are easily defensible in court.

If you have been charged with a second offense OUI, it is imperative that you work with a skilled defense attorney. A Dedham second offense OUI lawyer may have experience defending individuals who are repeat offenders and could use their knowledge to build a solid case for you. Work with a qualified OUI attorney and know that you are in capable hands. Attorney DelSignore is available by phone call or by text anytime, at 781-686-5924. Please make sure to include your full name if you opt to contact us via text.

You can read more about an OUI second offense charge, as well as the license consequences, on our website today.