New Bedford DUI Attorney

NEW BEDFORD DUI ATTORNEY
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New Bedford is a beautiful town in Massachusetts filled with many exciting attractions and even better nightlife. Whether you choose to hang out with friends near Clarks Cove or closer to Route 6, a good time is almost always had with friends and family. When hanging out with friends turns to dinner and drinks things can get out of hand quickly. When you decide to leave the bar to head to your hotel or back home it is important to remember one thing. Massachusetts takes driving under the influence very seriously. If you are caught you are going to be in a world of trouble. If you get arrested for a DUI on the coast, your first call should be to New Bedford DUI Attorney Rory Munns.

Criminal Defense Attorney Rory Munns has been handling New Bedford DUI cases for many years. Our New Bedford DUI Attorney is available at any time to assist you with your case at 774-206-9222.

Where New Bedford DUI Cases Are Heard

New Bedford District Court at 75 North 6th Street handles most OUI cases for the New Bedford area. The court is known for its efficiency and moves cases quickly. Understanding the local court procedures and the tendencies of the assigned prosecutors and judges is an advantage a local New Bedford DUI Attorney brings to your case.

Felony OUI charges (typically third offense or higher, or OUI causing serious bodily injury) bind over to Bristol Superior Court after arraignment at District Court. Rory Munns handles OUI matters at both levels.

First Offense DUI in Massachusetts

If you are pulled over in Massachusetts and the police believe you to be driving under the influence you will be tested. It is important to know that if your BAC is 0.08 or above you will be at risk for severe penalties. If you are arrested for a first offense DUI without the assistance of a DUI Attorney you could face:

Up to 2 and a half years in prison
Up to 12 months license suspension
Fines ranging from $500 up to $5,000
Mandatory 24D alcohol education program if you qualify

If you have a child in the car with you at the time of your arrest, you will also be charged with Child Endangerment.

Second Offense DUI in Massachusetts

If you are being arrested for a subsequent DUI, you should already know that calling New Bedford DUI Attorney Rory Munns is in your best interest. You will want our Mass DUI Defense experience on your side when you are faced with:

Up to $10,000 in fines
Up to 2 years license suspension
Extended periods of jail time up to and above 2 and a half years
Mandatory ignition interlock device after reinstatement

The fines, license suspension, and jail time will continue to exponentially increase with each offense.

Chemical Test Refusal and the RMV Hearing

The chemical test refusal is a critical factor in every Massachusetts OUI case. Refusing the breath or blood test at the station triggers an administrative license suspension separate from the criminal case. Under Massachusetts implied consent law:

First refusal: 180-day license suspension
Second refusal (within lookback): 3-year suspension
Third refusal: 5-year suspension
Fourth refusal: Lifetime suspension

These administrative penalties from the Registry of Motor Vehicles run separately from any court-imposed sanction. You have a right to challenge the refusal suspension at an RMV hearing, but the timeline to request the hearing is short. A New Bedford DUI Attorney can represent you at that hearing and protect your driving privileges.

New Bedford DUI Defense Strategies

Rory Munns approaches every OUI case by attacking every piece of the state's evidence:

Challenge the Stop

The Fourth Amendment requires reasonable suspicion for the initial stop. A stop based on a hunch, no observed traffic violation, or unreliable anonymous tip may not meet the constitutional standard. Successful suppression on the stop excludes every piece of evidence that flows from it.

Challenge the Field Sobriety Tests

NHTSA-standardized field sobriety tests have specific administration requirements. Deviations from the protocol (uneven surface, poor lighting, wrong instructions, failure to demonstrate) undermine the reliability of the results.

Challenge the Breathalyzer

Breathalyzer devices require calibration within specific windows and administration by certified operators. Massachusetts has had recurring litigation over breathalyzer reliability. Calibration records, operator certification, and the 15-minute observation period all get examined in every case.

Challenge the Implied Consent Advisement

The officer must inform you of the consequences of refusal in writing at the station. A defective advisement can defeat the refusal suspension at the RMV hearing.

Negotiate a Reduction

Even when the underlying case is provable, negotiation can produce a reduction to a lesser offense that avoids the OUI conviction on the record and the collateral consequences that come with it.

Related Massachusetts DUI Resources

When you get arrested in Massachusetts, you need to call the Mass DUI Guy to schedule a consultation with a New Bedford DUI Attorney. If you or a loved one has been arrested contact us today at 774-206-9222.