FIRST OFFENSE OUI
— I offer an affordable $1,775 flat fee for most clients charged with a first-time OUI offense. Details below.* Call my office 7 days per week for a free consultation. (617) 262-9464 — Click HERE to see some Client Testimonials.
The fact is, most first-time OUI offenders qualify for what’s called a 24D Disposition, where your situation could be resolved in a couple court appearances. Under a 24D, you take alcohol education classes and fulfill other requirements (see below)–but you avoid a conviction, potential jail time and higher fines.
Many attorneys will charge you several thousand dollars to represent you on a first-time OUI, even when it’s decided that a 24D is best for you early on. Not me. IF we feel that a 24D is appropriate, then a high fee isn’t justified because my time on the case will be limited. I’ll negotiate with the Assistant District Attorney to ensure the favorable 24D.
Now, if I see weaknesses in the commonwealth’s case, we should consider fighting the charge, filing the proper motions and/or go to trial. In that event, further payment is required. That choice is ultimately yours, and I know your financial situation may impact your decision.
It all depends on the facts of your case and your personal situation. There are several variables. To name a few: Did you refuse a breathalyzer? Did you fail a breathalyzer, and if so, can we suppress the results? Did you take a field sobriety test? (Usually a bad idea.) Were the tests conducted unfairly? What is your financial situation? Can you wait, if necessary, until a trial to be without a license?
If you’re found not guilty at a trial, your record is clean and your license is reinstated. If you’re found guilty, you’ll have a criminal record and the law calls for up to 2 ½ years in jail, up to a $5,000 fine and a 180 day license suspension (if over age 21). BUT these sentences are rare, especially if there was no accident and nobody was injured. You’d likely receive the same sentence you would’ve received had you obtained a 24D Disposition. But you’ll have the conviction.
So you’ll have an important decision to make. Even if we feel you have a good chance of obtaining an acquittal at a trial, you may want to simply move on with your life as soon as possible and not risk a conviction. You and I will discuss all the risks, pros and cons.
* You receive a Continuance without a Finding (CWOF). If you obey the terms of your probation for a year, a guilty finding is never entered. So NO conviction.
* You pay about $1,380 in Statutory/Probationary Fees. I help put you on a one-year payment plan.
* You take a 16-week First Offender’s Alcohol Education Program.
* You lose your license for 45-90 days (I fight for 45). If you refused a breath test, that’s added to your 180-day RMV refusal suspension.
* You’re potentially eligible for a 12-hour, 7 day per week Hardship License during your suspension period, allowing you to travel for work purposes only. I represent you at the RMVin applying for one.
I can also represent you if this is not your first OUI offense.
*The $1,775 fee is available for most individuals who have been charged with a first OUI offense, who qualify for and enter into a “24(D) disposition,” and where no more than three court/RMV appearances are involved. Other restrictions may apply. Additional fees would apply if we agree to do a motion to suppress or dismiss, a trial, or if the number of court appearances exceeds three.