Worcester DUI Defense Lawyer

Worcester County police, prosecutors and judges take an especially aggressive approach to DUI and OUI offenses. In fact, Worcester County arrests more people for motor vehicle crimes than any other county in Massachusetts aside from Middlesex County, with more than 10,500 arrests each year. However, any good Worcester DUI defense attorney will tell you that being arrested for a crime doesn’t mean you’ll be found guilty. At the Law Office of Patrick J. Murphy, we have nearly 30 years of experience representing good people charged with serious—and potentially life-changing—crimes, including all types of OUI offenses.

In general, Massachusetts has a higher rate of drunk driving than most of the country. For example, according to the most recent data from the Centers for Disease Control and Prevention, while 1.7 percent of people in the United States admit to driving under the influence of alcohol, 2.5 percent of Massachusetts residents admit that they occasionally drive after drinking too much. That means Massachusetts drivers drive while impaired about 30 percent more than the national average. Worcester police know this and take an aggressive approach to DUI enforcement by conducting frequent sobriety checkpoints.

Technically, there isn’t any difference between DUI, DWI and OWI in Massachusetts; however, the official term used to describe drunk and drugged driving is “operating under the influence,” or OWI. That said, criminal defense attorneys, prosecutors, and judges all use the terms synonymously.

There are two ways someone can commit a Worcester DUI offense. The first is to operate a motor vehicle with a blood-alcohol content of more than .08. To prove this type of case, the prosecution will almost always rely on chemical test results, such as from a breathalyzer or blood test.

However, in some cases, law enforcement won’t be able to collect a blood or breath sample from a driver. Perhaps a driver refused to take a breathalyzer or was involved in an accident and immediately taken to the hospital. In these cases, the prosecution can still bring DWI charges against the driver, claiming that the surrounding circumstances indicated that the driver was under the influence. This type of case does not involve chemical test results. Instead, the prosecution will present evidence that suggests the driver was intoxicated, such as:

• The driver smelled of drugs or alcohol,
• The driver was operating the vehicle erratically,
• The driver had drugs or an open container of alcohol in the car,
• The driver made a statement admitting to being impaired, and
• The driver looked or spoke like they were under the influence.

Typically, the prosecution has a harder time proving a DUI case when there are no chemical test results. However, it is important to remember that refusing chemical testing carries harsh administrative penalties, including a mandatory license suspension. That isn’t to say that refusing a breathalyzer in Worcester is always a bad idea; it depends on the specific circumstances. For example, for those with multiple prior DUI convictions, refusing a test may make sense based on the lengthy sentence they may receive if they are found guilty.

If you’ve been arrested for a Worcester DUI, it is imperative that you discuss your case with an experienced criminal defense lawyer as soon as possible. While these charges are serious, there are also many DUI defenses that may result in the prosecution dropping the case against you or in a not-guilty verdict. At the Law Office of Patrick J. Murphy, we have a long history of providing exceptional, customized representation to men and women arrested for driving under the influence. In every case we handle, we take a comprehensive approach, leaving no stone unturned to ensure we reach the best result possible in your case. To learn more, and to schedule a free consultation with a Worcester County criminal defense lawyer today, call 617-367-0450. You can also reach us through our online contact form.