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Q. What is the OUI Law in the State of MA?

Posted by Richard E. Clark | Jan 01, 2013 | 0 Comments

A. The Law and Penalties of OUI in the Commonwealth of MA

In Massachusetts the law states in partWhoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished…” (quoting M.G.L.Ch. 90, Sec 24. (1) (a) (1))

PENALTY: Imprisonment for not more than 2 ½ years; or not less than $500, not more than $5,000 fine; or both imprisonment and fine; plus $50 Victim of Drunk Driving Assessment; plus (if OUI $250 Head Injury Assessment; no filing or continuance without a finding; and license revoked for one year…

This is a partial list of the penalties for the MA offense of OUI. Those charged with any alcohol related operating charge should seek legal counsel immediately. The consequences increase for subsequent OUI or DWI offenses.

Attorney Richard E. Clark received specialized OUI and DWI training at Harvard Law School through the National College for DUI Defense. Attorney Clark was also formerly appointed to Newburyport District Court and Ipswich District Court for four years as a private contract criminal defense attorney. He achieved formal certification in Criminal Defense through the Commonwealth of Massachusetts. Attorney Clark can be reached at his Newburyport, MA office, or his Portsmouth and Dover NH offices at (603) 431-0009.

About the Author

Richard E. Clark

Attorney in Portsmouth, Dover, NH and Newburyport, MA Attorney Richard E. Clark is one of the seacoast's most successful attorneys. He has effectively litigated injury cases and civil suits achieving multi-million dollar results. Richard is friendly, detailed and has no reservations arguing in Court, when it's in the spirit of justice. Attorney Clark is a NH seacoast native. After his father retired from the U.S. Army, they returned to their ancestral Rye Beach property. His grandmother of the Sawyer/Jenness family settled Rye Beach, NH and Haverhill, MA. Prior to practicing law, Richard owned several contracting companies for almost two decades. After graduating from Portsmouth High School in 1991, he persevered through a ten-year educational pursuit to complete his law degree, NH and MA licensure, while managing his businesses. Richard's reputation is known in the seacoast area as friendly, driven, aggressive and detail-oriented. Richard has always possessed a passion for work. He is continually strategizing about how to best resolve his client's dilemmas while achieving the best outcome. Attorney Clark was a private criminal contract defense attorney appointed to the Newburyport District Court from 2007-2011. He achieved the Commonwealth of Massachusetts certification in 2008. Attorney Clark is a member of the National College for DUI Defense, New Hampshire Association of Justice, Essex County Bar Advocates Criminal Defense, Rockingham County Bar Association, and the New Hampshire Bar Association. Mr. Clark is a graduate of the Massachusetts School of Law (2002) and Franklin Pierce College (1998). He is admitted to practice law throughout New Hampshire and Massachusetts, the United States District Court of NH, and the United States Court of Appeals for the Armed Forces.

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