OUI / DUI Defense

If you have been charged with a OUI/DUI in the U.S., you know how critical it is to have proficient legal representation. Welcome to Pacella Law, P.C., we are committed to providing aggressive legal guidance and are fully equipped to handle your OUI/DUI defense case. Facing a 0UI/DUI charge can be a daunting task, but New Bedford OUI/DUI Lawyer Gary Pacella will stand by your side, endeavoring to protect your rights and future. We deeply understand the complexities of OUI/DUI cases and are ready to counter any issues with strategic responses. If it’s your first offense or a repeated violation, we are dedicated to fighting for your cause. Reach out to us at 508-525-4147 anytime for a free consultation. With Pacella Law, P.C., you are not alone in this challenging journey, New Bedford OUI/DUI Lawyer Gary Pacella striving to deliver a favorable outcome for you.

Definition of OUI / DUI

Driving under the influence (OUI)/(DUI) is a serious offense that can result in severe consequences under Massachusetts law. When an individual is charged with OUI/DUI, they are often left with an overwhelming number of questions and concerns. New Bedford OUI/DUI Lawyer Gary Pacella is here to guide you through these challenging times, we have in-depth understanding and years of practice in the legal terrain of Massachusetts OUI/DUI law (Mass. Gen. Laws ch. 90, § 24).

A OUI/DUI charge in Massachusetts is typically placed when a person operates a motor vehicle while under the influence of alcohol, having a blood alcohol concentration (BAC) of 0.08% or higher. However, it’s worth noting that even with a lower BAC, you can still be prosecuted if there’s proof of impairment. The law also considers the use of drugs, legal or illegal, if it affects your ability to operate a vehicle safely. Being aware of the legal stipulations is crucial, however, understanding how to navigate or challenge these complexities can be a daunting task, which is where we step in.

New Bedford OUI/DUI Lawyer Gary Pacella represents individuals facing OUI/DUI charges. Our commitment is to robustly defend your rights and provide cogent representation aimed at achieving the best possible outcome for your case. We approach every case with tenacity and diligence, ensuring our clients feel supported and secure. Our firm brings a mixture of comprehensive understanding of Massachusetts laws, an effective strategic approach, and a detailed, tailored defense which positions us to competently navigate your case through the legal system. Know that with us in your corner, you are not alone. We are here to help you regain control over your life and create a strategic action plan to address the charges brought against you.

OUI / DUI Stops and Arrests

When a driver is pulled over under suspicion of drunk driving or OUI/DUI (Driving Under Influence), certain procedures and standards of evidence come into play that can directly impact the outcome of the case. Our law firm stands firmly behind any individual facing this daunting situation, providing well-informed legal aid and guidance to help them navigate their way through the complexities of such an ordeal.

In a typical DUI stop, the law enforcement officer initiating the stop must have reasonable suspicion of impaired driving. This could be based on various observable facts such as erratic driving patterns, violation of traffic rules, or other genuinely suggestive behavior. Once stopped, the officer may request the driver to perform a series of field sobriety tests or submit to a breathalyzer test based on subjective assessment – including speech slurring, scent of alcohol, and overall demeanor.

The subsequent arrest needs to be based on a higher-standard – probable cause– meaning, the officer is convinced beyond reasonable doubt that the driver is significantly impaired and poses a hazard on the road. If your performance on the sobriety test and/or breath/blood test results endorse this assessment, you could be arrested for OUI/DUI.

At our law firm, we stand ready to vigorously defend those ensnared in the web of OUI/DUI allegations. Using our well-rounded understanding of the law and procedural nuances, we strive to safeguard your rights and interests. Life transitions are difficult, but you don’t have to face them alone. Trust us to be the invaluable ally you need at this pivotal moment. Remember, one unfortunate incident should not be allowed to define your future!

OUI / DUI Testing

When facing a DUI charge, understanding the types of tests involved can be crucial. OUI/DUI testing typically includes both field sobriety tests and chemical tests, each playing a role in assessing an individual’s level of impairment.

Field Sobriety Tests

• One-Leg Stand: This test requires the individual to stand on one foot while keeping the other foot raised approximately six inches off the ground. The officer looks for signs of imbalance, such as swaying, hopping, or putting the raised foot down.
• Walk and Turn: This test involves taking nine heel-to-toe steps along a straight line, turning, and then returning in the same manner. The individual is evaluated for their ability to follow instructions and maintain balance without stepping off the line.
• Horizontal Gaze Nystagmus (HGN): In this test, an officer observes the movement of the individual’s eyes as they follow a small object, like a pen or flashlight. Jerking or difficulty tracking smoothly can indicate impairment.

Chemical Tests

• Breath Tests: These tests estimate blood alcohol concentration (BAC) by measuring alcohol levels in a person’s breath. They are widely used and usually conducted with a breathalyzer device.
• Blood Tests: Blood tests directly measure the amount of alcohol or drugs in the bloodstream. These tests are considered highly accurate but involve drawing a blood sample, usually at a medical facility.
• Urine Tests: Urine tests can detect the presence of alcohol or drugs but are generally less precise than blood tests and are often used as a secondary option.

Understanding how these tests work can play a significant role in evaluating your situation and defense options.

Defenses to OUI / DUI

Understanding the potential defenses to a OUI/DUI charge can be a vital part of your legal journey. Our law firm provides robust representation for DUI defendants, employing a variety of strategic defenses, such as:

• Lack of Reasonable Suspicion for a Stop: Exploring whether law enforcement had justifiable reasons to halt your vehicle initially can be a strong defensive strategy. Officers must have valid reasons to stop you, such as visible traffic violations or erratic driving, without which the OUI/DUI charge could potentially be dismissed.
• Lack of Probable Cause for an Arrest: For an officer to arrest you for OUI/DUI, they need probable cause. New Bedford OUI/DUI Lawyer Gary Pacella will thoroughly analyze your case to ascertain if there was enough evidence to warrant a legal arrest.
• Errors in Conducting Tests: Law enforcement officers must follow specific guidelines while conducting field sobriety, breathalyzer, and other tests. Any deviation from these standards could render the test results invalid.
• Alternative Explanations for Physical Indications of Intoxication: Not all signs of intoxication are due to alcohol or drug consumption. Conditions like fatigue, allergies, illness or other health-related issues can mimic the symptoms of intoxication. Our team will inspect all possible explanations to build a proficient defense for you.

Our law firm’s focus is to defend those accused of OUI/DUI by thoroughly exploring all possible defenses. We understand each case’s unique characteristics and strive accordingly to devise compelling defense strategies. New Bedford OUI/DUI Lawyer Gary Pacella advocates relentlessly for our clients, always keeping their best interests at heart. Please note, we do not represent victims of OUI/DUI accidents, only defendants.

OUI / DUI Penalties

New Beford OUI/DUI Lawyer Gary Pacella understands the complexities of representation for those accused of Driving Under the Influence (DUI) offenses. The ramifications of such charges are not merely punitive but have lasting implications on your personal reputation and professional standings. In the state of Massachusetts, strict OUI/DUI laws are enforced. If convicted, an offender can face severe fines and could serve jail time. Further, your driving license might be suspended for an extended period. We will offer an overview of these outcomes, but it’s important to remember that every case is unique, and individual circumstances can affect the eventual penalties.

New Bedford OUI/DUI Lawyer Gary Pacella has extensive knowledge and ability to help navigate the complexities of such cases. They have devoted years to comprehending DUI laws in Massachusetts, giving them a unique insight into the strategies and defenses that can be employed to counter these charges effectively.

Additionally, defendants should note that the penalties may increase under certain conditions. These situations could include the presence of a minor in the vehicle at the time of arrest, repeat offenses, high blood alcohol levels, or causing bodily injury or death. New Bedford OUI/DUI Lawyer Gary Pacella strives to communicate these potential outcomes and employs a tailored approach to suit individual cases to challenge any increases in penalties.

We proudly serve those ensnared in OUI/DUI allegations, making it clear that our firm unequivocally defends those facing these charges. We do not represent victims of DUI accidents and focus solely on providing diligent defense to those accused of DUI offenses. It’s through this dedication to our clients that we work to preserve their rights and strive for the most favorable outcome.

Let Us Help You Fight Your Charges

The prospect of facing a OUI/DUI charge can be frightening and stressful, but you don’t have to go through it alone. Our seasoned legal team at Pacella Law, P.C., is equipped with the necessary resources and legal understanding to help you navigate this challenging time. We are here to provide you with the relentless defense and compassionate representation that you require to contest these serious charges. Every case presents its unique set of circumstances, and we’re committed to exploring all aspects to build a persuasive defense that’s specifically tailored to meet your needs. We understand that the outcomes can be life-altering and we’re dedicated to helping you mitigate the risks and manage this challenge in the most efficient way. Remember, charges do not equate to guilt. Contact us at 508-525-4147 for a free consultation today. Let our accomplished legal team be your steadfast advocate in this fight. With Pacella Law, P.C., you never have to face this battle alone.