It is no secret that drunk driving laws are getting tougher across the country. For example, in Massachusetts, because of Melanie's Law, prior OUI convictions have the potential to haunt you for the rest of your life. The Massachusetts legislature expanded the prior DUI offense lookback period from 6 years, to 10 years, and now to lifetime. Massachusetts DUI law also imposes stiff fines, long license suspensions, and the requirement to use a an breath alcohol ignition interlock device for all repeat DUI offenders. This interlock requirement will likely be expanded to first offenders in the near future.
A second offense DUI results in a commitment to a locked 14-day residential in-patient alcohol treatment program with mandatory long-term after care and stiff fines. A 3rd offense OUI conviction usually results in mandatory incarceration. If offenders are caught driving on a license which was suspended because of a DUI conviction, mandatory jail time will also result. In addition to this, those charged with DUI pay thousands in fines, fees, probation charges, interlock costs, and the unanticipated charges of hiring taxis, using public transportation, and paying friends, family members, and others for rides.
With all of the stiff penalties associated with a Massachusetts OUI conviction, it is absolutely imperative to hire the best and most qualified DUI lawyer you can find. It is sometimes difficulty from separating the "used car salesman" of OUI lawyers from the skilled, talented, and professional Massachusetts DUI Defender. In the search for a qualified DUI lawyer, the internet is a double-edged sword. One can instantly find hundreds, and maybe thousands, of defense lawyers. This can result in "attorney overload." When choosing the lawyer for your DUI case, it is important to find the best.
In my law practice, where I represent clients before the Mass.Registry of Motor Vehicles, Board of Appeal, and in courts throughout Massachusetts in License suspension and hardship license cases, I have seen lawyers who appear qualified on the internet make glaring mistakes which have resulted in avoidable convictions and long license suspensions, some for lifetime. With the harshness of Massachusetts OUI laws, it is critical to hire a qualified and skilled lawyer.
I believe that the first step in hiring the right OUI lawyer is to screen out anyone who does not specialize in DUI defense. These cases are specialized and the knowledge that comes from specializing in this area of law can make the difference between a guilty and not guilty verdict. Secondly, experience counts. A lawyer's record of success should be a critical consideration. History repeats itself, someone who achieves excellent results for his or her clients is more likely to win your case. Third, the lawyer should treat you with the same level of responsiveness, concern, and personal attention as if you were a friend or family member who was arrested for OUI. Many lawyers do not return phone calls, ignore clients, and fail to devote the required level of attention to their cases. A lawyer with the best track record is of no use if he or she fails to devote the necessary time and attention to your case. Successful DUI defense is time consuming and some lawyers may take on too much work and not devote enough time to your case.
By hiring an experienced Massachusetts DUI specialist who is responsive, you can increase your chances of getting a favorable result. After interviewing you and reading the police report, the lawyer should be able to advise you regarding whether to plead out or take the case to trial. He or she should be able to accurately inform you of the license suspension and other possible consequences associated with each option. A qualified DUI lawyer should also be able to easily spot weaknesses and deficiencies in the prosecution's case. No OUI case is perfect for the prosecution and there is always something that can be attacked at trial. However, an unskilled or inexperienced lawyer may not see the holes in the prosecution's case. A skilled lawyer may be identify suppression issues, problems with the breathalyzer readings, an insufficient breathalyzer refusal, flawed opinions on the part of the arresting officer, improperly conducted filed sobriety tests, and other exculpatory evidence.
With so many lawyers competing for DUI clients, it is critical to be able to find the lawyer with the knowledge, skills, abilities, and experience to provide you with the best advice and representation possible. As explained above, the first place to start is to examine the lawyer's specialization, responsiveness, and DUI experience. In doing this, you will see there are really only a few Massachusetts attorneys who have risen to the top and are the most qualified Massachusetts DUI Defenders.
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