Cape Cod OUI Attorney
Cape Cod OUI Defense Attorney
Representing Visitors and Residents of Cape Cod in OUI Cases
Cape Cod is one of the most popular summer destinations in the U.S. Every year, over 5 million tourists, as well as countless New England mainlanders, visit this scenic peninsula to enjoy the beautiful beaches, seafood shacks, and quaint shops. The “laid-back” yet bustling energy of the Cape can sometimes lead to having a few too many drinks. Before you know it, you’re being pulled over by law enforcement on suspicion of operating a vehicle under the influence of alcohol.
Representing Visitors and Residents of Cape Cod in OUI Cases
Cape Cod is one of the most popular summer destinations in the U.S. Every year, over 5 million tourists, as well as countless New England mainlanders, visit this scenic peninsula to enjoy the beautiful beaches, seafood shacks, and quaint shops. The “laid-back” yet bustling energy of the Cape can sometimes lead to having a few too many drinks. Before you know it, you’re being pulled over by law enforcement on suspicion of operating a vehicle under the influence of alcohol.
Aggressive Defense Against OUI Charges on Cape Cod
If your vacation or staycation to Cape Cod was upended due to an OUI arrest, you need to seek the advice of an experienced Cape Cod OUI charges attorney. A conviction for OUI in Massachusetts carries stiff penalties including jail time, monetary fines, probation, and enrollment in a 24D alcohol education program. In addition, you may have your driver’s license suspended by the Massachusetts Registry of Motor Vehicles.
The good news is that it’s possible to beat an OUI charge when you enlist the services of a skilled Cape Cod OUI lawyer. Thomas Kokonowski Criminal Defense knows what it takes to build a winning defense against OUI charges. Thomas is well-versed in the state’s OUI laws and know the local court system inside and out. Whether this is your first arrest for DUI/DWI or you are a repeat offender, you can count on him to fight to keep your criminal record clean and preserve your driving privileges.
Cape Cod, MA OUI Laws
In the Commonwealth of Massachusetts, it is illegal to operate a vehicle while under the influence of alcohol or drugs or with a blood alcohol concentration (BAC) of .08 percent or higher.
Driver’s License Penalties In Cape Cod OUI Cases
Following an arrest for an OUI, the Massachusetts Registry of Motor Vehicles will suspend your driver’s license if:
- You took a breath test and failed (subject to a 30-day license suspension)
- You refused to take a breath test (subject to a six-month suspension for a first offense)
You have the option to appeal this license suspension at a hearing before the Registry of Motor Vehicles but must do so within two weeks of your arrest. The Cape Cod OUI lawyer Thomas Kokonowski can represent you at this hearing in an effort to convince the hearing officer to reinstate your license.
If you lose at the hearing, you can apply for a hardship license after completing a portion of the suspension and installing an interlock ignition device in your vehicle. A hardship license allows you to drive during a 12 hour period to work or school.
Pulled over by the Police on Cape Cod? Know Your Rights
Being pulled over on suspicion of OUI on Cape Cod is a stressful experience, especially if it’s your first time. Here are some of the actions you can take to protect your rights and increase the likelihood of a favorable outcome.
Don’t panic
When you see the flashing lights behind you, try to remain calm. Pull over to the side of the road safely. Turn off your vehicle, turn on the overhead light, open the window, and place your hands on the steering wheel.
Exercise your right to remain silent
When the police officer approaches your vehicle, he or she will most likely ask you for your license, registration, and proof of insurance. Make sure to comply with this request. If the officer proceeds to ask you questions related to whether or not you’ve been drinking or how many drinks you’ve had, you should exercise your right to remain silent. Anything you say can be used against you. Therefore, it’s best to politely tell the officer that you do not wish to answer any questions until you speak to your attorney.
Do not submit to field sobriety tests
Law enforcement may request that you exit your vehicle and engage in a series of standardized field sobriety tests which includes:
- Horizontal Gaze Nystagmus (HGN – following an object with your eyes
- The 9 step walk and turn
- Standing on one leg
- Finger to nose test
These tests are completely voluntary and you have the right to decline the officer’s request.
Comply with Arrest
Should the officer place you under arrest, you are required to comply with commands, exit your vehicle, and allow the officer to handcuff you.
Court Process When Charged with OUI on Cape Cod
An OUI charge is a misdemeanor offense that is heard in District Court. Thomas Kokonowski Criminal Defense Attorney represents clients in all district courts on Cape Cod including Barnstable District Court, Falmouth District Court, and Orleans District Court.
Booking
After a physical arrest, you will be transported to a police station where you will be booked. During the booking procedure, you will be photographed and fingerprinted for your criminal record file with law enforcement. You will be notified of your right to make a phone call.
Breathalyzer Test
The police will give you the option of taking a breathalyzer test which involves blowing into a machine that determines your blood alcohol level. You have the right to refuse to take the test but doing so will result in the suspension of your driver’s license.
You will also be notified of your right to seek an independent medical exam at a medical facility of your choice. This gives you an alternative test to assist in fighting your OUI charge.
Arraignment
An arraignment is your first court appearance after an OUI arrest. This usually occurs within 24 hours. However, if you were arrested on a Friday, you may be arraigned on the following Monday. At an arraignment, you are formally advised of the charges against you and asked to make a plea of guilty or not guilty. The court also determines whether to release you on your promise to return to court on the pretrial date, or whether to set cash bail. Bail is usually not required for a first or second-time OUI offense.
Pre-trial Hearing
Four to six weeks after your arraignment, you will attend a pre-trial hearing or pre-trial conference. At this hearing, the prosecutor will most likely offer you a plea bargain.
Cape Cod OUI Attorney Thomas Kokonowski can advise you whether to accept or reject the deal.
Motion Hearing
If you decide to reject the offer and take the case to trial, we can file motions to limit the extent of evidence that will be used against you. For instance, if evidence was obtained illegally in your case or your constitutional rights were violated, we can file a motion to suppress evidence. If this motion is successful, the evidence would be inadmissible in court and your case would be dismissed.
Trial
Almost all trials in drunk driving cases take place in district court where you have a right to have a trial in front of a jury of 6, or you can choose to have a trial in front of a judge (bench trial). If we win at the trial, you don’t have to go on to the next stage.
Facing OUI Charges on Cape Cod? Get Trustworthy Representation Today
If you or someone you love is under criminal investigation or has been arrested and charged with a criminal offense on Cape Cod or the surrounding areas, it’s critical to get an aggressive Cape Cod OUI defense lawyer in your corner as soon as possible.
Thomas Kokonowski Criminal Defense has the skills, resources, and experience to help you avoid harsh penalties, clear your name, and get your life back on track. Call 774-561-2689 today to schedule a consultation.
