Worcester DUI Defense Lawyer

Local Worcester Criminal Defense Lawyer Aggressively Defending the Rights of Clients Facing Drunk Driving Charges

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.

Massachusetts DUI Rates

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.

What Is the Difference Between DUI, DWI and OUI?

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.

Worcester DUI Laws

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.

Speak with a Worcester DUI Defense Attorney to Get Started Working on Your Defense Today

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.

Client Reviews
"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
"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
"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
"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
"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