CRIMINAL DEFENSE
Specializing in OUI and Drug Cases
CRIMINAL DEFENSE
Providing sensibly
priced legal services
throughout Cape
Cod and Plymouth,
MA.

OUI/Operating Under the Influence:

An OUI occurs when someone is operating, or is in actual physical control, of a motor vehicle while
under the influence of alcohol or other controlled substance to the extent that their mental faculties
are impaired and/or their blood alcohol content (BAC) is above the legal limit (.08 in
Massachusetts). Even for a first offense, penalties can include license suspension, substantial fines,
community service, mandatory attendance at a state or DMV approved alcohol program,
mandatory overnight incarceration and the required installation (at the offender's expense) of a car
ignition locking device. In addition, a drunk driving conviction stays on a DMV record for several
years, it typically results in higher insurance premiums, and an offender may become ineligible for
credit.  Plus, a OUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the
defendant will be charged with a felony (and if the victim dies, the driver may be charged with
vehicular manslaughter). Further, a OUI conviction will likely be raised to a felony if it is the
driver's fourth OUI offense or the driver has had a prior felony OUI offense within 10 years of the
new charge.

Drugs and Narcotics Charges:

Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of
substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of
punitive measures, including life imprisonment and even the death penalty. To clarify the situation,
the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated
all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs
(i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the
offense charged as to whether a small amount of the drug was found with the defendant (personal
use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any
magnitude, even a small amount of marijuana, can seriously affect your present and future
employment chances, your education, your reputation and your freedom.

*(Look for updates regarding Marijuana possession in MA.)