Law Offices of Lefteris K. Travayiakis P.C.

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Law Offices of Lefteris K. Travayiakis P.C.
617-657-2333

Your Shield Against Criminal Prosecution

Lefteris K. Travayiakis

Experienced DUI/OUI Lawyer In Boston

Charges for drunk driving – also known as operating under the influence of alcohol (OUI) – are often the type of crime committed by individuals with no prior criminal record or involvement with police or courts. Even if it’s your first encounter with the legal system and you have a clean record, prosecutors pursue these cases aggressively, and they can carry severe consequences beyond the loss of your license and potentially impacting your employment (particularly persons employed in professions such as medicine, government agencies and professional drivers).

If you have been the subject of a drunk driving related arrest in Massachusetts, you should consult with an experienced drunk driving defense lawyer who has experience in defending against OUI charges. Boston Attorney Lefteris K. Travayiakis has dedicated his practice to criminal defense since 2002, providing aggressive representation and meticulous legal counsel to clients across the commonwealth. He is prepared to fight to protect your rights and future.

What Are The Possible Penalties For A First-Time OUI Offense In Massachusetts?

An OUI conviction can significantly disrupt one’s life. It may result in not only up to two and a half years of jail time, but also:

  • Suspension of your driver’s license for up to one year
  • Up to two years of probation
  • Mandatory counseling and drug and/or alcohol treatment
  • Community service
  • Substantial fines, anywhere between $500 to $5,000

In subsequent drunk driving convictions, Massachusetts courts may also require that an ignition interlock device be installed on one’s vehicle for a set period. This is essentially a vehicle breathalyzer. It will require a person to provide a clean breath sample before the vehicle will start, as well as during their drive.

It’s important to note that penalties can vary depending on the specifics of each case. You can get a more comprehensive evaluation of your situation at the Law Offices of Lefteris K. Travayiakis.

Will You Lose Your Driver’s License If You Are Charged with Drunk Driving?

Yes, the Registry of Motor Vehicles (RMV) will immediately suspend the accused’s driver’s license or right to operate even before their case goes to court. This is an administrative suspension separate from any court-imposed penalties that may result from the criminal charges.

The length of this immediate suspension depends primarily on whether a person took or refused a chemical breath test:

  • If they took and failed the breath test: If a person had a blood alcohol content (BAC) of .08% or higher (or .02% if under 21), their license may be suspended for 30 days.
  • If they refused the breath test: Under the state’s “implied consent” law, refusing a breath test results in an automatic license suspension. For a first offense, this suspension is 180 days or six months (a second or subsequent refusal of the breath test will result in longer periods of suspension). For drivers under 21, the refusal suspension is significantly longer.

While these immediate license suspensions can be devastating, a skilled OUI lawyer can help. Attorney Travayiakis can help you understand your rights and explore potential options. This includes challenging the suspension or working to obtain a hardship license, which may allow you to drive for essential purposes like work or medical appointments.

What Are The Factors That Can Affect A Boston OUI Case?

The quality of your defense against your OUI charge will vary upon the circumstances of each individual case and a number of factors. The strength or weakness of the prosecutor’s case against you will often depend on the police officer’s observations of the alleged manner in which the vehicle was operated: 

  • Whether there was an accident
  • Any failure to obey traffic laws (speeding, market lanes violations, negligent operation, etc.)
  • Your conduct and demeanor once you were pulled over
  • The results of any field sobriety tests or breathalyzer tests that were administered

When facing an OUI charge, police and prosecutors will often scrutinize every detail observed about the defendant’s driving and demeanor. They will use these observations as evidence to claim that alcohol or drugs impaired your ability to operate your vehicle safely.

What Does ‘Impaired’ Mean In Massachusetts OUI Cases?

It’s a common misconception that simply having consumed alcohol makes a person guilty of OUI in Massachusetts. The law, however, focuses on impairment. The question is whether the alcohol or drugs the person ingested had affected or impaired their ability to operate a car safely. 

The evidence of impairment often depends on the observations and opinions of the police officer who conducted the OUI stop. While police officers undergo training for drunk driving investigations, their observations are not infallible. They are often trained to identify “cues” and will rely on those “cues” in their testimony at trial to convince a jury that their suspicions were correct.

What are some factors or “cues” police officers search for during a DUI stop to confirm their suspicions of impairment?

  • An odor of alcohol on your breath
  • Slurred speech
  • Glassy or bloodshot eyes
  • An inability to maintain balance or unsteadiness on your feet
  • Difficulty following simple commands (e.g., fumbling for license and registration)

Every request and observation an officer makes during a stop is typically aimed at building their case against the defendant. For example, if an officer asks for a person’s license and registration – a standard request – they may also be assessing their ability to follow simple instructions. If they struggle to locate documents or mistakenly hand over a credit card, the officer will likely use this as evidence of impairment.

The more “cues” an officer can document and testify about, the stronger the prosecution’s argument will be to the jury that the suspect’s ability to drive safely was impaired by alcohol or drugs.

How Can A Lawyer Help You Fight An OUI Charge?

A charge is not a conviction. The prosecutor carries the burden of proving every element of the OUI offense beyond a reasonable doubt. This means you are presumed innocent and not required to testify or present evidence. Although some DUI cases may seem hopeless, many DUI charges are very triable. Oftentimes there is little reliable evidence of “impairment”. Police will often rely on their or witness observations when making a case for drunk driving, such as their observations that the operator was speeding, ran a red light or that the vehicle was weaving in and out of the marked lanes. This doesn’t necessarily mean the person was driving drunk or impaired. Sometimes there are valid reasons for these or other civil motor vehicle infractions, such as the driver was distracted or was tired and falling asleep. 

After the stop, the police officer might request that the driver perform Field Sobriety Tests. These tests are not 100% reliable. In fact, they’re not very reliable at all and even completely sober people might have a difficult time performing on these tests perfectly. Especially when the stop occurs late at night or on side of a busy highway with traffic passing by at high speeds, or if this is the driver’s first ever interaction with police, there is a real element of nervousness involved. Additionally, the police might not administer field sobriety tests properly. There might be an error in their instruction to the driver or the police might fail to properly instruct the driver how to perform the test.

You can fight an OUI charge, and an experienced OUI attorney is your strongest advocate.

Attorney Travayiakis will meticulously evaluate all aspects of your arrest and the prosecution’s evidence to identify weaknesses. He can also defend and represent you in other OUI-related charges, including:

  • Vehicular homicide by OUI 
  • Manslaughter while operating a motor vehicle under the Influence
  • Operating under the influence of alcohol or drugs causing serious bodily injury
  • Negligent or reckless operation of a motor vehicle
  • Leaving the scene of an accident
  • Leaving the scene of an accident with personal injury
  • Leaving the scene of an accident after causing death
  • Refusal to submit to police officer
  • Operating under the influence of alcohol or drug after license suspended for previous OUI 
  • Operation of motor vehicle with open alcohol container
  • Underage drunk driving
  • Child endangerment while operating under the influence of alcohol or drugs

As your OUI defense lawyer, attorney Travayiakis will evaluate the police report and all the allegations levied against you. He will sit down with you and explain the process and all the potential issues. More importantly, he will develop a defense strategy tailored to your specific situation and aimed at a positive outcome. 

Protect Your Future: Speak With A Boston OUI Defense Lawyer Today

An OUI charge in Massachusetts can have far-reaching consequences. However, you don’t have to face them by yourself. Schedule a consultation at the Law Offices of Lefteris K. Travayiakis, P.C., today. You can call us at 617-657-2333 or fill out our online form.