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Office Location
Steven J. Topazio Attorney at Law
10 Winthrop Square, 4th Floor
Boston, MA 02110
Phone: 1-617-422-5803
Fax: 617-422-5805 E-mail | Map & Directions
Boston, MA 02110
Phone: 1-617-422-5803
Fax: 617-422-5805 E-mail | Map & Directions
Drunk Driving/ DUI / OUI
Defending Massachusetts OUI, DUI, DWI Cases
For experienced and creative defense of misdemeanor and felony Massachusetts drunk driving charges, contact Boston Criminal Defense Attorney Steven J. Topazio for a free consultation about your case and your most promising legal alternatives.
Recent changes in Massachusetts law have made the penalties for drunk driving in the Commonwealth much harsher than they have been before, and complicate the defense of OUI or DUI charges, especially for repeat offenders.
While effective drunk driving defense is harder than it used to be, it's not impossible. An experienced criminal trial lawyer can identify sound strategies for resolving problems related to such drunk driving criminal problems as the following:
- Taking advantage of Section 24D diversion opportunities to keep first offense drunk driving cases out of the criminal justice system
- Protecting your right to drive under a hardship license after an arrest for illegal blood alcohol concentration or implied consent violation
- Looking back at prior drunk driving convictions to develop an effective defense against increased penalties for repeat offenses
- Felony charges of manslaughter by motor vehicle, motor vehicle homicide, or vehicular assault resulting from drunk driving accidents
- Felony repeat offender charges resulting from the risk of a fourth or subsequent drunk driving conviction
- Long term loss of driving privileges for repeat OUI or DUI convictions, including those from other states
- Ignition interlock requirements for second and subsequent drunk driving convictions
Most of the new penalties for drunk driving reflect a set of legislative amendments known collectively as Melanie's Law that went into effect in January 2006. While they certainly make the penalties for drunk driving more severe than they used to be, they don't significantly alter the fundamental defense strategies used by experienced attorneys.
At our law firm, we examine each case carefully to see whether any of the following approaches can reduce or eliminate your criminal exposure: challenge to the validity of the arrest, technical rebuttal of the blood alcohol evidence, examination of your prior DUI convictions to see which can be disregarded, and careful consideration of the most effective approaches to keeping your driver's license intact and minimizing your risk of jail or prison time.
Comprehensive Investigation and Case-Building
We represent people facing DUI/OUI charges for the first time, people with prior drunk driving records, underage or juvenile drivers arrested with alcohol, and university students arrested for DUI/OUI throughout the Commonwealth. For additional information about our ability to protect your interests effectively in Massachusetts drunk driving cases, contact Boston Criminal Defense Attorney Steven J. Topazio online or call 617-422-5803 to schedule a free consultation.
RECENT CASE DECISIONS
May 27, 2011
Roxbury District Court
1102CR1424
OUI liquor or .08% M.G.L. c. 90, § 24(1)(a)(1)
Negligent Operation of Motor Vehicle M.G.L. c. 90 §24(2)(a)
The defendant, a real estate agent, was arrested for operating under the influence after getting into a rear end collision with another vehicle, hired Attorney Topazio to represent him. According to the police report, after the car accident, the defendant fell asleep in the driver’s seat of his motor vehicle. When the officers woke the defendant up, he could not produce his driver’s license. The officers detected a strong odor of alcoholic beverage emanating from the defendant, who also had glassy and bloodshot eyes. Due to the defendant’s unsteadiness, he could not perform a field sobriety test. The defendant who was arrested, refused to take a breath test which resulted in the Registry of Motor Vehicles in suspending his client’s right to operate a motor vehicle for 180 days. Today, Attorney Topazio convinced the District Attorney to dismiss the OUI charge on his client’s plea to a continuance without a finding “CWOF” to an amended complaint of negligent operation, and the court agreed. A dismissal of the OUI offense for the lesser charge means that his client will not be obligated to complete the first offender’s alcohol program usually associated with first offense drunk driving charges, nor would he suffer any additional loss of his driver’s privileges. Upon the court’s acceptance of his clients change of plea, Attorney Topazio filed a motion to restore his client’s driver’s license and end the 180 day license suspension due to the breath test refusal, arguing that there is a rebuttable presumption that his client’s license shall be restored as a result of the amended complaint pursuant to M.G.L. c 90 § 24(1)(f)(1), and the court agreed.
Result: OUI charge dismissed upon plea to amended complaint of negligent operation and driver’s license restored per order of the Court.
May 13, 2010
Division of Insurance Board of Appeal on Motor Vehicle
OUI License Suspension
The defendant, while away at college in the State of Rhode Island was convicted in 2007 of OUI and had his license suspended. After serving his license suspension the defendant had his license reinstated by the State of Rhode Island as a result of the OUI conviction. After several years, the Registry of Motor Vehicles in Massachusetts notified the defendant that he needed to bring documentation verifying that there were no suspension in Rhode Island otherwise the RMV would not renew the defendant’s MA license. After providing the requested documentation, the Massachusetts RMV suspended the defendant’s right to operate a motor vehicle in Massachusetts for one year due to the RI OUI conviction, hired Attorney Topazio to restore his driving privileges. Attorney Topazio obtained verification from the State of Rhode Island that his client’s right to operate a motor vehicle in the foreign state was restored. Attorney Topazio appealed the suspension directly to the Massachusetts Registry of Motor Vehicles but was unsuccessful. Attorney Topazio next appealed the suspension to the Division of Insurance Board of Appeal on Motor Vehicle and argued before the Board that it was unfair to suspend his client’s license following the initial Rhode Island suspension, and the Board agreed. Following a hearing, the Board voted to modify the decision of the Registrar of Motor Vehicles and voted to issue his client’s license fulltime forthwith
Result: After hearing the defendant’s license suspension vacated and driving privileges issued fulltime forthwith.
April 19, 2010
Quincy District Court
1056 CR 2073
OUI liquor or .08% M.G.L. c. 90, § 24(1)(a)(1)
Marked Lane Violation M.G.L. c. 89, § 4A
The defendant, a taxicab driver and owner of a taxi medallion, was arrested on April 15, 2010 for operating under the influence of alcohol (also known as OUI or DWI) when he was observed by a private citizen who informed local police that the taxicab was operating erratically. When the police arrived, the taxicab was observed to cross the double yellow line and was pulled over. The officer who detected an odor of alcohol coming from the defendant had him step out of his vehicle. After failing several field sobriety tests, the defendant was arrested. The defendant attempted a breathalyzer but intentionally did not provide a sufficient volume of breath for the test to complete which resulted in a refusal. As a result, his driver’s license was suspended for 180 days for the breath test refusal. At his arraignment, the defendant was appointed a court attorney and his case was continued for two months for pre-trial conference. With mounting expenses, no driver’s license or ability to earn an income from his taxicab, and with a court date over two months away, the defendant hired Attorney Topazio. Taking direction from his client to get him his driver’s license back as fast as possible so he could work again, otherwise risk losing his taxi medallion, Attorney Topazio explained that he could get him a twelve hour license or Cinderella license. Attorney Topazio contacted the District Attorney, immediately negotiated a resolution of the case whereby his client would admit to sufficient facts, lose his license for 45 days, and agree to attend an alcohol education program. Once a resolution was reached, Attorney Topazio contacted the Court and advanced the case for a change of plea. Under the law, Attorney Topazio pointed out to his client a provision whereby a defendant may immediately upon entering a program apply to the registrar for consideration of a limited license for hardship purposes. The registrar, at his discretion, may issue such license under such terms and conditions as he may prescribe. Any such license shall be valid for an identical 12 hour period, 7 days a week. This provision shall also apply to any other suspensions due to the same incident that may be in effect. Consequently, the defendant could receive a hardship license despite the 180 day suspension for the breathalyzer refusal.
Result: The Defendant receives a CWOF and three days after entering an alcohol program received a 12 hour license thus being able to work.
January 27, 2010
Chelsea District Court
0914 CR 1087
OUI liquor or .08% M.G.L. c. 90, § 24(1)(a)(1)
Possession of open Container of alcohol in MV M.G.L. c. 90, § 24I
The defendant, who was represented by Attorney Topazio, was arrested for operating under the influence of alcohol (also known as OUI or DWI) when he was found unconscious in his motor vehicle, with an open bottle of vodka, the keys in the ignition and with the radio on. The client informed Attorney Topazio that despite being intoxicated, he never drove while impaired but rather, after being unable to find employment, damaged the steering column of his motor vehicle when parking it, and when he was unable to remove the key from the ignition, walked to a local liquor store, bought a bottle of vodka and drank it in his disabled motor vehicle and became intoxicated instead of walking home unemployed to face his wife and kids. Attorney Topazio hired a private investigator to corroborate his client's story and to prepare the case for trial. Under Massachusetts law, "Operation" is not limited to driving a vehicle or setting it in motion, but encompasses also the intentional act of starting the vehicle's engine; that is does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of the vehicle. Attorney Topazio argued at trial that an intoxicated driver asleep in a motor vehicle with the key in the ignition may warrant an inference of operation, but argued that the inference is rebuttable. Attorney Topazio proved that although his client was intoxicated when found by the police after conducting a well-being check, he did not drive while impaired but rather got drunk in his car. After trial the defendant was found not guilty.
Result: After trial the Defendant found not guilty of operating under the influence.
August 24, 2009
Cambridge District Court
0952CR1837
OUI-Liquor or .08% MGL c. 90 § 24(1)(a)(1)
Marked Lanes Violation MGL c. 89 § 4A
The defendant crashed his motor vehicle into a Jersey barrier tearing the front wheel off his motor vehicle. After flunking field sobriety tests and after registering a .203 on a portable breath test, the defendant was arrested. While at the police station, the defendant submitted to a breath test and registered a .18. The defendant hired Attorney Topazio to represent him. Today despite the Commonwealth's recommendation for a conviction, the defendant received a CWOF or continuance without a finding, which is not a conviction under state law, instead of receiving a conviction.
Result: Defendant avoids jail time and a conviction on his record.
July 08, 2009
Attleboro District Court
0834 CR 5114
OUI Liquor M.G.L. c. 90 § 24(1)(a)(1)
Marked Lanes Violation M.G.L. c. 89 § 4A
Possession open container of alcohol in MV M.G.L. c. 90 § 24I
A&B on Police Officer M.G.L. c. 265 § 13D
Resist Arrest M.G.L. c. 268 § 32B
Possession of Chemical Mace without FID Card M.G.L. c. 269 § 10(h)
On 12/4/08, the defendant’s motor vehicle was stopped by State Police after several civilians radioed police that the defendant’s vehicle was operating erratically. After stopping the defendant, the officers detected an overwhelming odor of alcoholic beverage coming from the defendant, ordered her out of her vehicle and asked her to submit to field sobriety tests. The defendant who had difficulty exiting her vehicle could not complete the tests, used her car for balance and eventually sat on the ground. The officer arrested the defendant for OUI based on their observation that the defendant had slurred speech, engaged in uncoordinated behavior, and had an inability to focus on questions and instructions. After the defendant was placed in handcuffs, she refused to get into the police cruiser, and kicked the officer in the legs. The defendant’s motor vehicle was inventoried and an open vodka bottle was found as well as a container of Chemical Mace, for which the defendant had no license. The defendant hired Attorney Topazio to defend her. Attorney Topazio was aware that his client, who was a professional and licensed by the Commonwealth, would be at risk of losing her license if convicted of A&B on a Police Officer. Attorney Topazio contacted the prosecuting police officer and worked out an agreed plea whereby all counts against his client would be dismissed upon his client admitting to sufficient facts and receive a CWOF to the OUI and resisting arrest. A CWOF is a continuance without a finding and is not a conviction under state law.
Result: All charges dismissed after defendant accepts a negotiated plea of CWOF to the OUI and Resisting Arrest charges.
January 09, 2009
Lynn District Court
0813 CR 2892
OUI 2nd Offense M.G.L. c.90, § 24
Unlicensed Operation M.G.L. c.90 § 10
The defendant was observed by a civilian operator who called the police about the defendant’s erratic operation. The defendant, who was stopped at 2:20 a.m., produced a driver’s license which had a 5:00 a.m. to 5:00 p.m. driving restriction. The officer had the defendant perform various field sobriety tests, all of which he failed and he was arrested for OUI and unlicensed operation. At the station, the defendant was advised of his right to submit to a chemical test, but was unable to complete the test satisfactorily. The defendant hired Attorney Topazio to represent him. The defendant, who couldn’t recall much of events surrounding his arrest as a result of blacking out from alcohol consumption, requested that Attorney Topazio negotiate a favorable plea. Today, Attorney Topazio convinced the Court to dismiss the unlicensed operation charge and to sentence the defendant to an alcohol education program, thus avoiding the 60 day mandatory jail sentence that would follow a conviction for a conviction for a second offense OUI.
Result: Defendant avoids mandatory jail time.
November 25, 2008
Brighton District Court
0808CR0921
Operating Under the Influence of Alcohol, M.G.L. c. 90 § 24
The defendant was stopped via LIDAR traveling 70 mph in a posted 35 mph zone. The defendant submitted to various field sobriety tests and thereafter was arrested for OUI. The defendant hired Attorney to represent him in this case. After investigating the facts of the case, Attorney Topazio marked the case for trial. Today, at trial, Attorney Topazio was successful in getting the Court to dismiss the charges against his client.
Result: Case dismissed at trial.
