Middlesex DUI Defense Attorney
Middlesex County is the largest county in Massaachusetts, with more than 1.6 million residents. Not surprisingly, Middlesex County also has the most DUI arrests, with more than 62,000 people arrested each year for driving under the influence and other vehicle crimes. However, there is a long way between a DWI arrest and a conviction; no one knows this better than Middlesex DUI defense attorney Patrick J. Murphy. For more than 27 years, the Law Office of Patrick J. Murphy has defended the rights and freedom of clients charged with DUI / DWI and OUI offenses throughout Middlesex County, including in Cambridge, Woburn, Everett, Framingham and Malden.What’s at Stake in a Middlesex DUI Case?
Massachusetts lawmakers take DUI offenses very seriously and have passed strict laws that harshly punish anyone convicted of driving under the influence. For example, even for a first-time DUI offense, you will face a sentence that could include the following:
- Up to 2.5 years in a house of correction;
- A fine between $500 and $5,000; and
- A one-year driver’s license suspension.
However, these are only the criminal consequences of a DWI conviction; you will also face collateral consequences. For example, if you are currently in school, a DUI conviction may require you to go before the disciplinary board. And, if you intend on going back to school, a conviction will make it much harder to get accepted. You may also have difficulty finding or keeping a job once an employer learns you have a prior DUI.
The bottom line is that a conviction for OWI will seriously interrupt your life, even if the judge spares you of a jail sentence. However, a dedicated Middlesex DUI defense attorney can help by working with you to develop a compelling defense to the charges you face.What Are the Defenses to a Massachusetts DUI?
There are many defenses to DUI charges in Massachusetts. However, not all defenses apply to every case. Some of the most common defenses to driving under the influence charges include the following:Motion to Suppress Evidence
A motion to suppress is a pre-trial motion used to keep certain evidence out of trial, usually because the evidence was obtained in violation of the defendant’s constitutional rights. For example, an experienced Middlesex DUI defense attorney may be able to suppress breath and blood test results, physical evidence such as open containers of alcohol or drugs, or statements the defendant made to law enforcement. Courts can even suppress an officer’s observations following an illegal traffic stop.Challenging the Accuracy or Reliability of Chemical Test Results
In those cases involving blood or breath test results, it may be possible to cast doubt on the results by reviewing how the test was conducted. For example, breathalyzer machines must be properly calibrated, or they will not return an accurate result. Similarly, law enforcement must administer a blood test according to certain procedures and within a certain period of time; otherwise, the results may be inadmissible.A Lack of Physical Control
You can’t be found guilty of DUI unless the prosecution proves beyond a reasonable doubt that you were in actual physical control of a vehicle. And, while courts have allowed convictions to stand where defendants were not actually driving, there must be sufficient evidence to show that the defendant had the opportunity and intent to drive. Thus, if you were arrested while sleeping off the effects of a long night of partying in your car, you may be able to challenge the “operation” element of a DUI charge.Have You Been Arrested for a Middlesex DUI?
If you were recently arrested and charged with an OWI offense in Middlesex County, contact the Law Office of Patrick J. Murphy for immediate assistance. Attorney Murphy has decades of hands-on experience defending clients facing every type of DUI, OWI and DWI charge, including those involving fatalities, breath test refusals, and hit-and-run accidents. Whether he is negotiating with prosecutors on your behalf, arguing to keep evidence out of trial, or litigating your case before a jury, Attorney Murphy has what it takes to secure the result you’re looking for. To learn more, and to schedule a free consultation with a Middlesex County criminal defense lawyer today, call 617-367-0450. You can also reach us through our online contact form.