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Practice Areas

OUI / DWI / DUI Defense

Driving Under the Influence of Alcohol or Drugs

Operating under the influence of alcohol is a severe offense in Massachusetts and one that is strictly prosecuted. If you are found to be driving while under the influence of an illegal or controlled substance, or if you are driving while taking certain prescription medications, you could be charged with an OUI for drugs.

If you have caused a serious injury to another due to your operating while under the influence of alcohol or drugs, you will be prosecuted to the fullest extent of the law. Massachusetts government officials and state law enforcement take OUI offenses very seriously, and if you caused an accident, you will face more stringent criminal penalties.

Registry of Motor Vehicles

Hearings and Appeals

A hearing at the Registry of Motor Vehicles (RMV) may be necessary for a number of reasons. Maybe you need to schedule a hearing to address a Chemical Test Refusal. You could need to apply for a hardship license or to get your license reinstated after being convicted of an OUI. 

Your case may hinge on technicalities, and you could be offered only limited options at your hearing. An effective attorney who understands the complexities of the law can ensure that your rights are protected and that you are given the best possible alternatives. 

License Restoration

Reinstating Your License

A hardship license will allow you to drive to work, but continue to suspend all other driving privileges. If you are not eligible for a hardship license, you may apply to reinstate your license after serving your suspension. 

You will have to pay a fee to restore your license after your suspension ends. Though there may be additional charges depending on the circumstances of your suspension, the typical fees for a restoring a license after a DUI suspension are as follows:

  • First Offense DUI: $500

  • Second Offense DUI: $700

  • Third Offense DUI: $1200

  • Fourth Offense DUI: $1200

Vehicular Homicide

Motor Vehicle Accidents Resulting in Death

Motor vehicle homicide may or may not result from a driver operating under the influence, but Melanie's Law created a new offense of vehicular manslaughter, which carries harsher penalties. The law defines manslaughter as “an unlawful killing unintentionally caused by wanton or reckless conduct.” Anyone who is convicted of committing manslaughter while driving under the influence will be convicted of Manslaughter by Motor Vehicle.

If you are convicted of vehicular manslaughter, your sentence could include:

  •  A mandatory minimum sentence of 5 years in state prison.

  • Depending on the circumstances, the sentence may be between 5­20 years in state prison.
  • A fine of up to $25,000.

  • License suspension ranging from 15 years to a permanent, lifetime loss of driving privileges.

Fight to protect your future

If found guilty, you may be facing serious penalties and life altering consequences, including jail time, steep fines, court ordered alcohol treatment programs, and community service. In addition, your driver’s license can be suspended for an extended period of time. Depending on the specific circumstances pertaining to your case, your offense may be charged as a felony, which exponentially increases your penalties. Do not sit back and wait for your charges to resolve themselves. Be proactive and call immediately to secure the representation of Attorney Joseph Bernard to resolve your case in the most efficient way possible and with the most favorable outcome available to you.

Locations

Palmer Office

1012 Pleasant St
Palmer, MA 01069
413-283-8445

Springfield Office

1 Monarch Pl Suite 1100
Springfield, MA 01144
413-731-9995

Belchertown Office

5 Jabish St
Belchertown, MA 01007
413-323-6556

Northampton Office

4 Market Street
Northampton, MA 01060
413-731-9995

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