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Drug OUI

Aggressive Boston Criminal Defense Attorney Serves Clients Throughout Suffolk County

Just as it is against the law to drive under the influence of alcohol, it is also illegal to operate a motor vehicle while under the influence of drugs. If you’ve been arrested for a Boston drug OUI, face potentially life-changing consequences if you are convicted. Attorney Patrick J. Murphy has provided exceptional representation to clients charged with driving under the influence of drugs for more than 25 years. With his knowledge, dedication, and nuanced approach, he is well-suited to defend against even the toughest operating under the influence charges.

What Drugs Form the Basis of a Boston OUI Drug Offense?

Under Massachusetts law, drivers are prohibited from driving under the influence of certain drugs. Not surprisingly, this includes illegal drugs such as heroin, cocaine, PCP, and methamphetamine. However, it is also against the law to drive while under the influence of marijuana and prescription drugs. In fact, regardless of the type of drug in your system, there is no difference in the maximum penalty you could face.

There are two important things to understand about Massachusetts drug OUI laws. First, the government must specifically prove which drug you consumed. Thus, the prosecutor cannot argue that you were under the influence of some unknown drug. Second, you are only guilty of a drug OUI offense if you are under the influence of a drug named in the Controlled Substances Act.

OUI Traffic Stops

One of the most common defenses in drug OUI cases involves challenging the traffic stop leading to your arrest. Police officers must have either probable cause or reasonable suspicion to pull you over. Similarly, police officers cannot ask everyone they stop to take a chemical test. In other words, they must have a reason for the request. If police officers exceed their authority during a traffic stop, any evidence they discover resulting from the stop cannot be introduced at trial—including their observations of any potential intoxication.

Punishments for Boston Drug OUI Crimes

Massachusetts takes driving under the influence of drugs very seriously. And lawmakers provide for very strict punishments for those convicted of these offenses. For example, a first-time OUI conviction carries a maximum punishment of up to 2.5 years in a house of correction, a one-year license suspension and hefty fines and court costs, up to $5,000.

However, in reality, courts rarely hand down severe sentences for first-time offenders; especially for thsoe without a lengthy criminal record. Regardless, if you are convicted of a Boston OUI offense, you can expect the court will suspend your license, place you on probation, and order you to pay hundreds of dollars in fines and court costs.

Courts are less sympathetic after the first offense. A second OUI conviction carries a term of imprisonment between 60 days (30 days may be stayed), a license suspension of two years, and up to $10,000 in fines. In addition, you must install an ignition interlock system on your vehicle for two years from the date you apply for a hardship license or get your license reinstated.

Unlike many other states, Massachusetts provides ways around minimum punishments for many first and second drug OUI convictions. An experienced Boston criminal defense attorney can help you understand your options. For example, in some cases, it may be possible to attend in-patient treatment instead of going to jail.

Learn How an Experienced Lawyer Can Help You Fight OUI/DUI/DWI Charges

If you’ve been arrested for a Boston drug OUI offense, it is imperative that you quickly reach out to an attorney. Remember, you are innocent until proven guilty, and you may have one or more defenses that could result in an acquittal or the case being withdrawn. Even if dismissal is not an option in your case, Attorney Patrick Murphy can help you effectively navigate the system to reduce your overall exposure. With more than 25 years of hands-on experience representing clients in drug OUI cases across Suffolk County, Patrick Murphy can help ensure that your arrest has as little impact on your future as possible. To learn more, and to schedule a free consultation, call the Law Office of Patrick J. Murphy at (617) 367-0450 today.

Client Reviews
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"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
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"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
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"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
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"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
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"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User