Understanding DUI Laws and How Attorney Thomas A. Dougherty and TD Law Group Can Defend You

Driving Under the Influence (DUI), referred to as Operating Under the Influence (OUI) in Massachusetts, is an offense that can severely impact your personal and professional life. The consequences are steep, with penalties ranging from hefty fines to jail time and loss of driving privileges. Whether you're facing your first DUI charge or dealing with multiple offenses, having the right legal representation is critical. Attorney Thomas A. Dougherty, with experience in criminal defense and DUI law, leads the TD Law Group and has been successfully defending individuals with DUI charges for 29 years.

Attorney Thomas A. Dougherty with colleague seated in front of law books.

What Constitutes a DUI in Massachusetts?

In Massachusetts, a DUI is not limited to alcohol intoxication. A DUI charge can result from driving under the influence of drugs (prescription or illegal) or other controlled substances. Massachusetts law sets strict guidelines for intoxication:

  • Blood Alcohol Content (BAC): A BAC of 0.08% or higher for adults 21 and older can result in a DUI charge. For drivers under 21, a BAC of just 0.02% is enough for enhanced severe consequences.

  • Drugs or Controlled Substances: Impairment caused by illegal drugs, prescription medication, or even over-the-counter drugs can lead to DUI charges.

The Seriousness of a DUI Charge: Penalties and Consequences

Being charged with a DUI is not just a traffic violation; it can lead to severe consequences that affect many aspects of life:

  • First Offense: A first-time DUI offense in Massachusetts can lead to fines up to $5,000, license suspension for up to one year, and required participation in alcohol or drug education program, and depending on the facts maybe even jail time.

  • Second Offense: The penalties for a second DUI offense are more severe, including higher fines, potential longer jail time, and a longer license suspension. Second offenders are often required to install an Ignition Interlock Device (IID) in their vehicle.

  • Third and Subsequent Offenses: Massachusetts imposes mandatory jail sentences for third and subsequent DUI offenses, along with possible revocation of your driver's license. Longer-term imprisonment and steep fines are also on the table.

  • Refusal to take the breathalyzer: On a first offense it’s a six month license loss, and can be up to eight years depending on the level of OUI you were charged with, and even on a fourth offense lifetime license loss.

A police car speeding by with blurred motion and flashing lights in the evening, emphasizing fast action and urgency.

Attorney Thomas A. Dougherty’s Approach to DUI Defense

Attorney Thomas A. Dougherty of TD Law Group is known for his strategic approach to defending DUI cases. With years of experience and in-depth knowledge of Massachusetts DUI laws, Attorney Dougherty goes beyond the surface when evaluating a DUI case. His experience includes:

  1. Challenging the Evidence: Attorney Dougherty meticulously examines police procedures during your arrest, including whether the traffic stop was lawful, the accuracy of breathalyzer tests, and the officer's observations. Many DUI arrests involve procedural errors, and these can be challenged in court.

  2. Questioning Field Sobriety Tests: Field sobriety tests, often used as evidence of intoxication, can be unreliable. Attorney Dougherty reviews the circumstances of these tests, ensuring that they were properly administered, and explores alternative explanations for poor performance, such as fatigue or health conditions.

  3. Navigating the Legal System: Attorney Dougherty understands the complexities of the legal system and the nuances of DUI cases. His approach is to craft a personalized defense, considering every detail of the case to ensure the best possible outcome for his clients.

Preventative Tips for Fall Events and Increased DUI Patrols

Fall in Middleboro and the surrounding areas brings with it a series of exciting events, including festivals and celebrations. However, it is also a time when DUI checkpoints and patrols increase. Here are a few notable upcoming events:

  • Middleboro Fall Festival: September 23, 2024 – A day full of crafts, local vendors, and community activities.

  • Oliver Estate Ghost Tours: Every Friday and Saturday in October – Step into the haunted history of Middleboro.

  • Cranberry Harvest Celebration: October 14-15, 2024 – Enjoy the vibrant beauty of the cranberry harvest in nearby Wareham, complete with food trucks, live music, and family-friendly activities.

A bustling outdoor festival at Middleborough Herring Run in the fall, featuring vendor tents and crowds enjoying the festivities along the river.

The Middleborough Herring Run Festival showcases a lively fall celebration by the river, with numerous vendor tents, food stalls, and attendees participating in the event under a canopy of trees. The event is a community favorite, offering food, crafts, and entertainment in a picturesque autumn setting.

While these events are full of fun, it is crucial to stay safe and avoid DUI charges. Plan ahead by designating a sober driver or using rideshare services if you plan to drink.

How Attorney Thomas A. Dougherty and TD Law Group Can Help

If you find yourself facing a DUI charge, the legal process can be daunting. Attorney Thomas A. Dougherty and the team at TD Law Group have a track record of successfully defending clients against DUI charges. With Attorney Dougherty’s extensive knowledge of Massachusetts DUI laws and his ability to craft a robust defense strategy, you can have confidence in getting the legal support you need. From analyzing police reports to contesting field sobriety tests, Attorney Dougherty provides comprehensive defense tailored to each client’s situation.

Conclusion

DUI charges are serious, and the legal ramifications can be life-changing. If you or a loved one is facing a DUI charge, don’t hesitate to reach out to Attorney Thomas A. Dougherty and the legal team at TD Law Group. A free consultation will provide insight into your case and how TD Law Group can help you achieve the best possible outcome. Stay safe and informed during this fall season, and don’t let a DUI charge impact your future. Remember you have constitutional rights. You have the right to remain silent, you have the right to refuse a breathalyzer, but as discussed above this has consequences. The police are constrained by constitutional guardrails when it comes to exit orders, stops, and interrogations. Attorney Dougherty is well versed in defending OUI cases, and will ensure the most vigorous defense on your behalf.

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Exploring Middleboro's Rich History & Upcoming Fall Events