CBS Boston

Don't be afraid to FIGHT YOUR CASE and go to Trial- Massachusetts

Should I Fight my OUI?

Rule #1: NEVER PLEAD GUILTY without first speaking to a top Massachusetts drunk driving defense attorney. OUI/DUI/DWI cases often present a lot of complicated issues that only a specialized lawyer in the field can analyze properly. There might be technical errors in the police report or other paperwork which could lead to a dismissal before the case even reaches the jury. Your case might present issues with which I can impeach the credibility of the prosecution's witnesses, including police officers, if we take the case to trial. You will not truly know the strengths and weaknesses of your case until you speak to an experience attorney with proven success in defending OUI/DUI/DWI cases.

Just by reading the police report, I can provide you my expert opinion on whether your case is worth fighting. I will explain every option you have, different ways to defend your case, your chances of success, and the different penalties you could face. I will PROVIDE A VERY ACCURATE analysis of your chances of winning, if you choose to fight the case.

In Fact, at Urbelis Law, We Win Nearly 90% of Operating Under The Influence Cases That We Take to Trial!

In addition to our success at trying this type of case, here are just some of the reasons it makes sense to fight an OUI/DUI and take it to trial:

  • The #1 reason to fight is a case is the inherent problems with OUI investigations.
  • You are PRESUMED INNOCENT. That means that you do not have to testify, and the prosecution cannot ask you to testify. It is the prosecution's job to prove each element of the charge against you, beyond a reasonable doubt. If they fail to prove just one element, you are entitled to a "Not Guilty" verdict.
  • If the police did not have a legally sufficient reason to stop your car, then your whole case may be dismissed.
  • Police Officers are trained with a Massachusetts State Police manual on how to conduct OUI investigations. I will obtain a copy of the specific manual used to train the arresting officer in your case, and often times the officer did not comply with certain procedures that are required. This makes for a strong case.
  • If you refused the field sobriety tests, the police officer cannot even mention anything about this at trial; either that you were asked to perform the tests, or that you refused. It is inadmissible.
  • The field sobriety tests set you up for failure.
  • If you refused the breath test, the police officer cannot even mention anything about this at trial; either that you were asked to perform the tests, or that you refused. It is inadmissible.
  • I routinely cross-examine officers at trial and get them to admit to various other reasons that you were unable to satisfactorily perform the field sobriety tests which create reasonable doubt and often lead to a NOT GUILTY verdict.
  • If you win the case, you avoid the very significant costs and hardships associated with OUI Penalties as well as unanticipated hikes in your car insurance. (An OUI in Massachusetts will likely raise your insurance rate five points!)
  • If you win the case, you will have a clean record that will not affect your employment, education, or travel. (Even Canada now refuses to allow U.S. citizens into the country with an OUI/DUI/DWI conviction!)
  • If you plead guilty, or even receive a CWOF, it will always be on your record. If you get pulled over 40 years from now and are arrested for OUI/DUI/DWI, you will be charged with a second offense, facing much harsher penalties, including the Interlock Ignition Device requirement.
  • Massachusetts drunk driving laws are getting stricter all the time. People who pled to an OUI-2nd offense thirty years ago never would have guessed that now, in 2010, when their license comes up for reinstatement they will be required to install an interlock ignition device. These laws are usually retroactive, with an unlimited look-back period, so there could be unintended consequences of your CWOF or guilty plea/verdict thirty years from now!

Contact my office if you've been charged with a Massachusetts OUI or any other criminal offense. I am available 24 hours a day, 7 days a week, for your free initial phone consultation.

Urbelis Law, LLC

50 Milk St 16th Floor
Boston, MA 02109
Phone: (617) 830-2188

Client Reviews
"Ben Urbelis recently represented me in an OUI case in which I had crashed my car. I honestly did not believe I had any chance of beating it, but fortunately for me Ben was outstanding and all charges were dropped. In my first hearing he was calm, assertive and straight to the point. I was extremely impressed and satisfied. I left my hearing feeling confident that I had made the right choice of hiring him. I am positive I would have lost this case and walked away with an OUI if I hadn't. I am very happy with how he handled my case and how reassured I felt having him as my lawyer." MC
"When I found myself charged with my 3rd DUI I was certain without a doubt that I was facing 6 months to 2 1/2 years in state prison. I can’t believe you were able to guide me calmly through the whole nerve wracking process, never sugar coating anything, staying honest and always keeping me informed the whole time. I still can’t believe that in the end you pulled off a miracle to avoidany jail time. I would recommend you to anyone in the same situation. Thank you so much. You saved me.” JL
"I want to personally thank Ben and his wonderful a staff at Urbelis Law for what an outstanding job they did for my son and his friends! Ben went above and beyond for them, with a successful outcome. I would highly recommend Ben to anyone that would need his services, he was wonderful!" Gina
"Huge thank you to not only my friend, but my lawyer,Ben Urbelis..I presented him with a case that at first was a bit tricky on paper... but we worked hard together and got all information we needed to prove i was innocent! He knew from the get go a year ago that he was gonna smash this case, and he did!! Cant thank you enough man! If anyone needs a lawyer, hes your guy... no question" PB
"Thank you for your excellent representation in this matter. Coming from out of town, it wasreassuringto have an attorney who was so well organized and on top of the process. It was very clear that the judge was not only familiar with you, but had a great deal of respect for you in the courtroom. I appreciate all the effort you put into my case, and thank you again for a successful representation!" RC