OUI / Drunk Driving Defense
Experienced OUI / DUI / DWI Lawyer in Boston, Cambridge, Lowell, Worcester and throughout Massachusetts
- OUI – Operating Under the Influence
- DUI – Driving Under the Influence
- DWI – Driving While Intoxicated
Whichever the acronym, it is not a good thing to be charged with an OUI, DUI or DWI in Massachusetts. With the passage of “Melanie’s Law,” persons arrested for operating under the influence now face substantially increased penalties. The Registry of Motor Vehicles (RMV) now also imposes more severe license suspensions and fines. If convicted, you could serve a jail sentence, lose your license for years and/or pay thousands to tens of thousands of dollars in fines. It is imperative that you secure the services of an experienced OUI / DUI / DWI lawyer as soon as possible to minimize the consequences. In fact, many clients have retained Attorney Myong J. Joun before an arrest has even occurred in order to be educated on the law, potential penalties, limits of the breathalyzer and field sobriety tests and what their rights are.
To reach Attorney Joun, call him at (617) 304-6186. If this is an urgent matter (i.e., just been arrested), simply say the word “EMERGENCY” before you leave a telephone voice message, and Attorney Joun will contact you immediately.
Sample representative cases handled by Boston, Massachusetts OUI / DUI / DWI lawyer Myong J. Joun include:
- Commonwealth v. K.P., Roxbury Division of the Boston Municipal Court.
K.P. was charged with obstructing traffic, possession of open container of alcohol in a motor vehicle and OUI-Liquor. It was alleged that client was double-parked on Columbus Avenue in front of a busy restaurant, obstructing traffic. When officers approached client and, while still seated in the cruiser, told him to move the car. Client did not move the car. When officer asked him to move the second time, client allegedly looked at the officer, “sucked his teeth, then said, ‘why are you bothering me.” Officer exited his cruiser and when client saw him approach, he started to move the car. Officer pulled him over and observed that client had glassy and bloodshot eyes. While client was reaching for his registration form, officer noticed an open container of beer in the center console. Officer ordered client out of the car and administered three field sobriety tests. Client was arrested after officer determined that client “failed” the “tests.” At the police station, three attempts were made with a breathalyzer. Only one came back with a result – a .21. Client was deemed to have refused the breathalyzer and his license was confiscated. Client avoided a conviction by persuading the prosecutor to dismiss the other two charges and agreeing to a continuance without a finding on the OUI. Client received probation with the minimum 45 days loss of license. Attorney Joun appealed the 180-day license suspension for the breathalyzer refusal and convinced the RMV to reinstate his license.
- Commonwealth v. B.M., Central Division of the Boston Municipal Court.
B.M. was charged with leaving the scene of property damage, failing to stop for police, marked lanes violation, operating an unregistered motor vehicle, operating with a suspended license, number plate violation to conceal ID, speeding, and OUI-Liquor – 4th Offense. A Massachusetts State Police Trooper alleged that he was directing traffic on Storrow Drive by the Hatch Memorial Shell when he saw client rear-end a car in front of him. When he signaled client to pull over, he drove around the Trooper and fled westbound on Storrow Drive. Trooper got in his cruiser, activated his lights and siren and chased client in excess of 60 mph in the posted 40mph zone. Trooper further alleged that client was weaving between all three lanes. Trooper was able to force client into a cut-out. Trooper said that when he approached client, he noticed a strong odor of alcohol on his breath, slurred speech and glassy eyes. Client refused the field sobriety tests stating, “I’ve been through them before.” When ordered to exit his car, client allegedly stumbled getting out of the door. After months of investigation, Attorney Joun mounted a strong defense at trial arguing among other things that client could not have been speeding down Storrow Drive at 60 mph during rush hour on a Monday afternoon, that B.M. suffered from physical medical conditions and that he was not under the influence. After trial, B.M. was found Not Guilty of OUI, Not Guilty of leaving scene, Not Guilty number plate violation, Not Responsible for marked lanes violation, Not Responsible for driving an unregistered vehicle. He was found responsible on the remaining minor charges and was fined a few hundred dollars. B.M. avoided a lengthy jail sentence and a lifetime loss of license.
- Commonwealth v. R.M., Cambridge District Court.
R.M. was charged with operating under the influence, making threats, disorderly conduct and disturbing the peace. He was coming out of a municipal parking lot when he disputed the amount of fees to exit the garage. The parking attendant called the police. When the police arrived to investigate, client allegedly would not calm down and made threats against the parking attendant. Police suspected client was under the influence based on his observations of the client and administered three separate field sobriety tests (FSTs). Having determined that the client “failed” all three “tests,” the officer arrested the client. At the police station, the client consented to a breathalyzer test and blew a .14. He further made statements during the booking process that he “only had 3 or 4, maybe at most 5 drinks. I’m not drunk.” After bailing out of the police station, client retained Attorney Joun who persuaded the prosecutor to dismiss the making threats, disorderly conduct and disturbing the peace charges. On the OUI charge, client avoided a conviction by receiving a continuance without a finding (CWOF) and 45 days loss of license, the minimum. Three days later, Attorney Joun then assisted the client in obtaining a hardship license from the RMV so that he may drive to and from work immediately.