Best DUI & DWI Lawyers in Braintree

About DUI & DWI Law in Braintree, United States

Braintree is a town in the Commonwealth of Massachusetts, and DUI and DWI matters there are governed by Massachusetts law and enforced by local police and state authorities. In Massachusetts the common statutory term is Operating Under the Influence - OUI - but people also use the terms DUI or DWI. An OUI charge can arise from driving, operating, or being in actual physical control of a motor vehicle while impaired by alcohol or drugs. Cases can result in both criminal prosecution in court and administrative action against your driver license by the Massachusetts Registry of Motor Vehicles - RMV.

Why You May Need a Lawyer

Facing an OUI charge can have immediate and long-term consequences - criminal penalties, loss of driving privileges, higher insurance costs, employment and educational impacts, and possible immigration consequences for non-citizens. You may need a lawyer in many common situations, including:

- You recorded a high blood alcohol concentration - especially .15 or higher.

- You refused a chemical test or are considering whether to refuse a test at the scene.

- There was an accident, property damage, or an injury or death.

- You are a commercial driver or your job depends on driving.

- You have prior OUI or related convictions on your record.

- You want to challenge the traffic stop, arrest procedures, field sobriety tests, or the accuracy of breath or blood tests.

- You face a parallel RMV administrative suspension and need to preserve driving privileges.

- You are not a U.S. citizen and worry about immigration consequences.

An experienced local attorney can explain options, represent you at RMV hearings and court, negotiate pleas or alternative sentences where appropriate, and work to minimize long-term harm.

Local Laws Overview

Key legal points relevant to DUI/OUI in Braintree and across Massachusetts include:

- Legal limits: For most drivers the per se blood alcohol concentration - BAC - limit is 0.08 percent. Commercial drivers have a lower per se limit of 0.04 percent. Drivers under 21 are subject to a zero-tolerance standard - typically 0.02 percent or higher can trigger penalties.

- Types of tests: Police commonly use breath, blood, or urine tests to measure BAC. Breath tests are frequent at the scene, but police can seek a blood draw if necessary. Massachusetts has an implied consent law - by driving in the state you agree to chemical testing when lawfully arrested for OUI.

- Refusal consequences: Refusing a chemical test can lead to administrative license suspension by the RMV and may influence criminal sentencing. There are specific deadlines and procedures to challenge RMV actions.

- Administrative versus criminal process: The RMV handles license suspensions or revocations separately from criminal court. You can face both RMV administrative penalties and criminal prosecution in court.

- Penalties and requirements: Convictions can result in fines, jail or house arrest, community service, probation, mandatory alcohol education or treatment programs, license suspension or revocation, ignition interlock device orders, and reinstatement fees. The exact penalties depend on BAC, prior offenses, presence of injuries, and aggravating facts.

- Court venue: Misdemeanor OUIs and some felonies are prosecuted in local district court or superior court depending on severity and prior record. Local courts in Norfolk County, including the district court that handles cases in and around Braintree, will handle arraignment, pretrial proceedings, and trials.

Frequently Asked Questions

What should I do at the traffic stop if an officer suspects impairment?

Be polite and follow lawful commands. Provide your license, registration, and proof of insurance. You may decline field sobriety tests, but do so respectfully - field sobriety tests are generally voluntary and are not the same as chemical tests. Do not admit drinking or use of drugs. Ask for an attorney before answering detailed questions about consumption.

Do I have to take a breath or blood test?

Massachusetts has an implied consent law, so refusing a chemical test after a lawful arrest can lead to administrative penalties against your license. There are narrow legal and factual situations to challenge implied consent enforcement, so talk to an attorney promptly. Field sobriety tests on the roadside are generally voluntary; chemical tests after arrest are more consequential.

What are the usual BAC thresholds that matter?

The most important thresholds are 0.08 percent for most adult drivers, 0.04 percent for commercial drivers, and a low level around 0.02 percent for under-21 drivers under the state zero-tolerance policy. Higher BAC levels can lead to enhanced penalties and more aggressive prosecution.

How long will my license be suspended?

License suspension length varies based on whether the RMV imposes an administrative action, whether you refuse testing, your BAC level, and prior offenses. Suspensions can be for months to years for serious or repeat offenses. There are also procedures to request hearings to contest suspension, and lawyers can help preserve driving privileges through limited licenses or stays where available.

Can I be arrested even if my BAC is below 0.08 percent?

Yes. You can be arrested if an officer has reasonable cause to believe you are impaired by alcohol or drugs even if a chemical test later shows BAC below 0.08. impairment can be proven by behavior, driving, field sobriety performance, and evidence of drug use.

Will an OUI conviction always go on my permanent record?

An OUI conviction is a criminal conviction and will appear on court records and background checks. Options for sealing or expungement are limited and fact-specific in Massachusetts, but there may be post-conviction remedies in some cases. Speak with an attorney about record relief possibilities for your circumstances.

What defenses might be available in an OUI case?

Potential defenses include challenging the initial traffic stop or probable cause for arrest, errors in administering or recording breath or blood tests, procedural errors in the arrest process, medical or physiological explanations for test results, and problems with calibration or maintenance of testing devices. The right defense depends on the facts and available evidence.

How do prior convictions affect my case?

Priors greatly influence penalties. Repeat offenses can trigger harsher sentences, longer license suspensions, mandatory treatment programs, and ignition interlock requirements. Plea negotiations and alternative sentencing options become more complex with prior convictions.

Can an OUI charge affect my job or immigration status?

Yes. An OUI charge or conviction can impact employment, especially if driving is part of your job or if your employer has a criminal background policy. For non-citizens, criminal convictions - including certain OUI offenses - can have immigration consequences. Consult an attorney experienced with immigration consequences if you are not a U.S. citizen.

How long do I have to act after an arrest to protect my license?

Deadlines apply for administrative hearings and other challenges. In Massachusetts you often need to act quickly - commonly within days to request an RMV hearing - so consult an attorney immediately after arrest to preserve rights and meet administrative deadlines. Missing a deadline can foreclose important defenses and relief options.

Additional Resources

Below are institutions and organizations that can help you learn more or get assistance:

- Braintree Police Department

- Norfolk County District Courts and local Braintree-area courts

- Massachusetts Registry of Motor Vehicles - RMV

- Massachusetts Trial Court and local court clerk offices

- Massachusetts Bar Association and local bar referral services

- Legal aid organizations and public defender offices for those who qualify

- Mothers Against Drunk Driving - MADD

- State and county substance abuse treatment referral centers and programs

- Local criminal defense attorneys who specialize in OUI/DUI defense

Next Steps

If you or a loved one is dealing with an OUI arrest in Braintree, consider the following steps:

- Stay calm and collect basic information - time, location, arresting agency, officer names and badge numbers if possible.

- Ask for and note all paperwork you receive at the scene, including summons, citations, and notice of administrative license action.

- Contact an experienced OUI/DUI lawyer right away - many offer free initial consultations and can explain RMV deadlines, court procedures, and defense strategies.

- If an RMV suspension notice was given, ask your lawyer about requesting an administrative hearing promptly - deadlines may be short.

- Preserve evidence - write down your memory of events while fresh, note witnesses, and avoid posting about the arrest on social media.

- Follow court orders and appear at all scheduled hearings. Failure to appear can result in additional penalties.

- If alcohol or substance use is an issue, consider voluntary assessment or treatment - showing willingness to address problems can be helpful in court and for personal recovery.

Every case is different. A local attorney familiar with Braintree and Norfolk County courts can give the most useful guidance tailored to your situation.