OUI in Norfolk County

In Norfolk County, an OUI (operating under the influence) is a criminal offense. It refers to the operation of a motor vehicle under the influence of alcohol or drugs in a public area.

An OUI typically occurs when an individual operates a vehicle in public with a blood alcohol concentration (BAC) above the legal limit. Legal BAC limits vary based on the county or state.

Drunk-driving is also a more common term for the offense of OUI. Some counties and states refer to OUI with different terminologies like DUI (driving under the influence), DWI (driving while impaired), and OWI (operating while impaired).

Norfolk County does not have a specific bylaw addressing drunk-driving. The county adopts the Massachusetts categorization that describes drunk-driving as an OUI.

DUI vs DWI in Norfolk County

DUI, DWI, and similar acronyms like OUI are terminologies that deal with using a vehicle under the influence of alcohol or stimulating drugs. The different terms are primarily a matter of the language used in each state’s and county’s legislation across the United States. Besides state preferences, these terms also have varying practical implications in some cases. For example, in some states, a DUI strictly defines the offense of driving under the influence of alcohol, while DWI is strictly for stimulating drugs.

In Norfolk County, an OUI has a more extensive scope than a DUI or DWI. A DUI/DWI strictly refers to driving, while an OUI refers to operating the vehicle. For example, under an OUI charge, it suffices that the vehicle is in a public place, the key is in the ignition, and the offender is in the driver’s seat.

What Happens When you Get an OUI in Norfolk County?

In Norfolk County, police undergo training on identifying a person operating under the influence. The county police use different methods or approaches applicable in Massachusetts. For example, the county police may identify a possible OUI by observing a suspect’s driving pattern. Erratic driving is typically an indication. In some instances, an eye witness may identify the erratic driving and notify the police.

Once police officers have reasonable grounds to suspect an OUI, they request the suspect to pull over and conduct some tests. The police officers will consider signs such as the suspect’s demeanor, slurred speech, slow movement, bloodshot eyes, inability to comprehend a directive. Also, the suspect may undergo a Field Sobriety Test (FST). An FST is one of three different tests that may be administered during a traffic stop:

• The one-leg stand
• the horizontal gaze nystagmus (HGN), police observes an involuntary movement of the eyes
• The walk-and-turn test.

The suspect’s performance partly confirms the reasonability of an OUI suspicion. For a more objective conclusion, the police may issue a chemical test (commonly called a breathalyzer). The purpose of the chemical test is to check the suspect’s BAC. According to the Massachusett law, a BAC of 0.08% or higher constitutes an OUI. For commercial vehicle operators and individuals under 21, the standard is higher. A commercial vehicle operator with a BAC of 0.04% commits an OUI. For individuals under the age of 21, the threshold is a BAC of 0.02% or higher.

The county police do not use coercion to administer a chemical test. Drivers grant implied consent to be subjected to chemical tests as a license requirement. Therefore, refusal to take a chemical test can lead to a seizure of the suspect’s driving license. The Registry of Motor Vehicle (RMV) may also revoke the driving license indefinitely.

What is the OUI Process in Norfolk County?

A police officer may arrest a suspect on reasonable suspicion of operating under the influence. The next step is the arraignment.

• The arraignment: The court reads out the charges the defendant faces, and the defendant enters a plea. A not guilty plea means a judge or jury will examine the case at trial. If the defendant is not on bail already, the bail magistrate determines the defendant’s bail conditions. The bail magistrate may request a cash bail or release the defendant on the promise that they will respect trial dates.

It is ideal for the defendant to seek legal help before the arraignment date.

• The pre-trial: there may be multiples pre-trials, the aim is to gather and exchange information. The defendant’s attorney receives a full briefing of the defendant’s case. In pre-trials, the defendant’s attorney discusses with the prosecutor regarding the case and a possible resolution. The prosecutor may offer a plea deal. The defendant can accept or reject the plea deal, with advice from the representing attorney.
• The motion hearing. During the motion hearing, the arresting officer submits their testimony and witnesses. The defendant's attorney may examine the properness of the OUI test. Here, the attorney’s main goal is to strengthen their defense or to persuade the court to dismiss the case.
• Trial: The defendant can choose between a bench trial (trial by a judge) or jury trial. After hearing the prosecution and the defendant’s case, the jury or judge will reach a verdict.
• Sentencing/Release: This is the outcome of a trial. If found guilty, the court sentences the defendant in accordance with the applicable law. If found not guilty, the court dismisses the case and the RMV restores the defendant’s driving license.

How to Beat an OUI in Norfolk County

In Norfolk County, operating under the influence is taken seriously and can result in severe punishments. However, when facing an OUI charge, different factors influence whether the court will find the defendant guilty. Such factors include assessing the reasonableness of the arresting officer’s suspicion. It also includes the result of chemical tests and the outcome from field sobriety tests.

A defendant facing an OUI charge may defend/represent themselves. However, consulting with an attorney can be crucial to beating the charge. Attorneys assist their clients in assessing the strength and weaknesses of their case and planning the best possible defense or strategy. Their expertise may also be helpful in understanding the technical language that relates to OUI charges and the legal implications of decisions like accepting a plea deal or choosing a bench or jury trial.

Most importantly, attorneys work to sway the court in favor of their client.

What are the Defenses for an OUI in Norfolk County?

In most cases, reasonable suspicion is the basis for an OUI charge. However, the prosecution must prove beyond a reasonable doubt that the officer’s suspicions were confirmed. In fighting an OUI charge, the defendant aims to cast doubt on the prosecutor’s case and sway the court to dismiss the case. The defendant may assert

• Wrongful stopping: Officers are mandated to pull a driver over for an OUI only on grounds of reasonable suspicion. The defense attorney may cross-examine the arresting officer to discredit their claim of reasonable suspicion. If the defense attorney is successful, it becomes more difficult for the prosecution to prove the case beyond a reasonable doubt.
• Misleading indications: Generally, the officer’s assessment of the driver’s demeanor and composure, erratic behavior, involuntary movements, etcetera are indications of an OUI. However, some individuals may exhibit these indications without being drunk. Where there is no supporting evidence, such signs can be inaccurate for OUI assessment.
• Defective tests: During cross-examination or questioning witnesses, the defense may be able to substantiate that the officer conducted the test wrongfully or against standard practices. Chemical tests are one objective way to prove whether the defendant was operating under the influence. However, they are not infallible. A breathalyzer can give inconsistent results, depending on surrounding factors. A blood test is more difficult to disprove, but it can also be defective.

Other possible defenses may depend on the circumstances of the OUI charge. An attorney with experience in such cases will design and adopt the best defense strategy.

What are the Penalties for an OUI in Norfolk County?

In Norfolk County, an OUI may be classified as a misdemeanor or a felony depending on the offender’s record.

First OUI Offense in Norfolk County

As a first time OUI offender, the punishment is:

• A fine between $500 and $5000; or
• A maximum prison sentence of two and a half years; or
• Both the fine and the prison sentence; and
• A revocation of the offender’s driving license for one year after the conviction, with certain exceptions.

Second OUI Offense in Norfolk County

As a second time OUI offender, the punishment is:

• A fine between $600 and $6000; or
• A prison sentence between sixty days and two and a half years. Also, the offender must serve a minimum of thirty days in prison, with certain exceptions; or
• Both the fine and the prison sentence; and
• A revocation of the offender’s driving license for two years after the conviction, with certain exceptions.

Third OUI Offense in Norfolk County

As a third time offender, the punishment is:

• A fine between $1000 and $15000; or
• A prison sentence between 180 days and two and a half years; or
• A prison sentence between two and a half years and five years in the state prison. Whichever the prison sentence, the offender must serve a minimum of 150 days, with certain exceptions
• A revocation of the offender’s driving license for eight years after the conviction, with certain exceptions.

Fourth OUI offense in Norfolk County

As a fourth-time offender, the punishment is:

• A fine between $1500 and $25000 or
• A prison sentence between two years and two and a half year, or
• A prison sentence between two and a half years and five years in the state prison. Whichever the prison sentence, the offender must serve a minimum of 12 months, with certain exceptions; and
• A revocation of the offender’s driving license for 10 years after the conviction, with certain exceptions.

Fifth OUI Offense in Norfolk County

As a fifth time offender, the punishment is:

• A fine between $2000 and $50000 or
• A prison sentence of not less than two and a half years, or
• A prison sentence between two and a half years and five years in the state prison. Whichever the prison sentence, the offender must serve a minimum of 24 months, with certain exceptions
• A revocation of the offender’s driving license, with certain exceptions.

Sixth OUI offense in Norfolk County

As a sixth time offender, the punishment is:

• A fine between $2000 and $50000
• A prison sentence of not less than two and a half years; or
• The fine and prison sentence between two and a half years and five years in the state prison. Whichever the prison sentence, the offender must serve a minimum of 24 months, with certain exceptions, and
• A revocation of the offender’s driving license for life with certain exceptions.

Seventh OUI Offense in Norfolk County

As a seventh time offender, the punishment is:

• A fine between $2000 and $50000
• A prison sentence between 3 and a half years and 8 years in the state prison. The offender must serve a minimum sentence of 36 months, with certain exceptions, and
• A revocation of the offender’s driving license for life after the conviction, with certain exceptions.

Eight OUI Offense in Norfolk County

As an eight-time offender, the punishment is:

• A fine between $2000 and $50000
• A prison sentence between 3 and a half years and 8 years in the state prison. The offender must serve a minimum sentence of 36 months, with certain exceptions, and
• A revocation of the offender’s driving license for life, with certain exceptions.

Ninth OUI Offense in Norfolk County

As a ninth time offender, the punishment is:

• A fine between $2000 and $50000
• A prison sentence between 4 and one-half years and 10 years in the state prison. The offender must serve a minimum sentence of 48 months, with certain exceptions, and
• A revocation of the offender’s driving license for life, with certain exceptions.

Other Punishments

A driver’s OUI record may raise their insurance premium. The higher the number of convictions, the likelihood of paying higher premiums.

An OUI conviction may also affect the immigration chances of the offender into some countries, depending on the parameters set by the respective country.