If you have been charged with DUI/DWI/OUI in Massachusetts, you should know your rights and retain an experienced and skilled defense lawyer to evaluate your case. Penalties for Driving Under the Influence (DUI) are very serious and can include jail time, fines, outpatient and in-patient treatment programs, and a lengthy driver's license suspension. Even when you eventually are eligible to get your driver's license back, you could end up paying thousands of dollars in high-risk insurance premiums. If you are convicted of a second OUI offense, you face a 60-day mandatory minimum jail sentence or a 14-day in-patient treatment program.

Massachusetts' Drunk Driving Laws - Melanie's Law

Like most states, "drunk-driving" laws in Massachusetts change frequently. DUI/OUI/DWI arrests are up in Massachusetts since the passage of "Melanie's Law," which substantially increased the penalties for DUI or OUI convictions. The consequences for refusing a Breathalyzer test increased as well, with more severe license suspensions and increased penalties for offenders with past DUI convictions. Following the passage of "Melanie's Law," Massachusetts Lawyers Weekly called upon Attorney Yannetti to discuss the effect of the new law from a criminal defense perspective. Read Melanie's Law Could Lead to More OUI Trials Massachusetts Lawyers Weekly, Nov. 7, 2005.

Contact Attorney Yannetti before subjecting yourself to tough penalties. Attorney Yannetti is an experienced DUI/OUI defense lawyer.

As a former prosecutor, Attorney Yannetti knows that the police gather evidence for potential DUI/OUI cases in several different ways.  Before ever pulling you over, a police officer will want to witness your driving, and report back to the court if you were weaving, or speeding or driving in some other unsafe manner.  Once you are pulled over, the officer will be watching you like a hawk.  Any delay in having your license and registration ready could be reported as a "fumbling for a driver's license."  If you have been seated in your car while driving for awhile, and hold onto the car door while getting out, the officer may report that you needed to lean on the door for support because you appeared "unsteady" on your feet.  The officer will likely shine a light into your eyes and report that your eyes appeared "bloodshot and glassy."  These elements of a police report are quite common, and standard-fare in a typical OUI police report.  Attorney Yannetti has handled hundreds of DUI/OUI/DWI cases in his twenty years of practicing criminal law.  He is well versed in cross-examining police officers to blunt the impact of such testimony.

Challenging the Evidence in a DUI/OUI Case

Even if you have "failed" a Breathalyzer test, there are ways to fight a DUI charge in court. There are certain regulations with which the police must be comply before administering a Breathalyzer test. Attorney Yannetti has researched and thoroughly understands those regulations, so he will be able to advise you regarding the validity of the test that you took.  Attorney Yannetti has successfully filed motions to suppress breathalyzer test results.  He has also successfully challenged motor vehicle stops themselves, via motions to dismiss DUI cases entirely. Attorney Yannetti has regularly taken DUI cases to trial and secured "not guilty" verdicts for clients.  While of course each case is different and no attorney can guarantee any particular result for a client, Attorney Yannetti has the proper experience to handle every aspect of DUI/OUI/DWI/drunk-driving defense.  Whether the scenario involved an accident, a Breathalyzer test failure and/or incriminating statements made to law enforcement, you should still get the proper advice from an experienced and competent attorney before resolving your OUI case.  Attorney Yannetti's trial skills are unsurpassed when it comes to defending his client's DUI cases.

In addition to aggressive defense in DUI cases, Attorney Yannetti can also provide comprehensive defense representation to clients charged with:

• Vehicular Homicide for causing an accident while driving drunk which results in death
• Vehicular Assault in connection with a drunk driving accident resulting in serious injury
• Child Endangerment while driving drunk
• OUI / DUI while license is suspended for drunk driving
  
  Free Phone Consultation  DUI/OUI defense lawyer David Yannetti
  
  Recent OUI Cases: 

April 14, 2010
Cambridge District Court
Docket No. 0952-CR-2173
Client, a 24 year-old man, was arrested for Operating Under the Influence of Intoxicating Liquor (OUI).  Client allegedly crashed his BMW into a parked car at an intersection in Cambridge, then failed field sobriety tests administered by one of the responding officers.  The officer testified that Client's eyes were glassy and bloodshot, and that he had an odor of alcohol on his breath.  Today, after a jury-waived trial, Client was acquitted of the charge.  Result: Not Guilty Verdict after Trial.

March 23, 2010
Boston Municipal Court
Central Division
Docket No. 9301-CR-4483
Back in 2008, Client hired Attorney Yannetti to help him remove an old default warrant for his arrest.  Represented by another lawyer, Client pled guilty in 1993.  He was ordered to complete the alcohol education program, but he never did.  Instead, he left Massachusetts and remained in default with a warrant for his arrest for fifteen years.  On March 21, 2008, Attorney Yannetti persuaded a B.M.C. judge not to incarcerate Client for fleeing and failing to comply with his probation.  Instead, the judge gave Client another chance at completing the first-offender OUI program and placed him on probation for three years.  In 2010, Client re-hired Attorney Yannetti to ask the judge to shorten Client's probation by one year, so that Client could apply for citizenship.  Today, after producing proof that Client had been a model probationer, Attorney Yannetti persuades the judge to terminate Client's probation one year early.  Result: Probation Terminated One Year Early.

August 20, 2009
Dedham District Court
Docket No. 0854-CR-1664
Client, a dental student, was arrested for OUI-2nd (operating under the influence of alcohol, having been previously convicted for OUI). A patrol officer pulled him over after allegedly having witnessed him swerving on the road right outside the police station. Once arrested, Client became unruly, uncooperative and verbally abusive to the officer. While going through the booking process, Client allegedly tried to free himself from the bench to which he had been handcuffed. Among other insults, Client allegedly swore at the officer, said the police were "worse than pedophiles," and mocked them for "keeping the streets safe." If convicted, Client faced the prospect of losing his eligibility to become a dentist. He would also have had to leave dental school in order to spend 14 days in an in-patient treatment program -- the minimum sentence upon conviction. Today, however, Attorney Yannetti achieved an acquittal for Client. Result: Not Guilty Verdict after Trial.

June 22, 2009
Boston Municipal Court
Docket No. 0901-CR-3131
Client, a 25 year-old law student, was arrested for operating under the influence of alcohol. The police alleged that Client sped through an intersection without stopping, drove the wrong way down a one-way street, refused to identify himself or otherwise cooperate with the police, and wound up calling the officers derogatory names before eventually breaking down and crying at the police station. Client hired Attorney Yannetti to minimize the damage to his otherwise clean criminal record. Today, Attorney Yannetti persuaded the judge to dismiss two criminal charges -- resisting arrest and failing to identify himself to the police -- over the prosecutor's objection. On the OUI charge, Client was given the minimum loss-of-license, the minimum fees and fines, and that charge was continued without a finding. Result: Client Has Two Criminal Charges Dismissed and Avoids a Conviction on the Remaining Charge.

April 25, 2008
Stoughton District Court
Docket No. 0755-CR-2363
Client, a 23 year-old mover who freely admits to having a drinking problem, was arrested for OUI-2nd after allegedly driving through a stop sign and then speeding (56 mph in a 30 mph zone) down a residential street. The arresting police officer alleged that Client was belligerent and abusive toward him. Client ended up failing the breathalyzer test, having scored a .21 reading -- nearly triple the legal limit. In addition to second-offense OUI, Client was charged with operating to endanger, operating after suspension (2nd offense), speeding, marked lanes violation and operating with an open container in the vehicle. Client retained Attorney Yannetti for the purpose of negotiating a plea agreement with the prosecutor and convincing the judge to treat Client leniently. Today, Attorney Yannetti convinced the prosecutor and judge to dismiss every criminal charge above except for OUI-2nd. In addition, Client is found Not Responsible for the three civil infractions. Client therefore avoids thousands of dollars in fees and fines. Client also receives the minimum statutory disposition for OUI-2nd and will be eligible to obtain a hardship driver's license in one year. Result: Client avoids multiple criminal convictions, avoids responsibility for civil infractions, and receives the minimum statutory disposition for the sole remaining charge. 

March 21, 2008
Boston Municipal Court
Docket No. 9301-CR-4483
Client was an illegal immigrant in 1993 when he was arrested for DUI shortly after first arriving in this country. Represented by another lawyer, he ended up pleading guilty back then. He was ordered to complete the alcohol education program, but he never did. Instead, he left Massachusetts and remained in default with a warrant for his arrest for the past fifteen years. Client -- who now desperately wants to become a U.S. citizen -- flew in from out-of-state so that Attorney Yannetti could bring him back to court for a probation surrender hearing. Today, Attorney Yannetti convinces the judge to give Client another chance at the program. Client is placed back on probation, despite having violated his probation and having remained on default for fifteen years. Result: Client placed back on probation, despite Client having violated the terms of his probation.

December 19, 2007
Orleans District Court
Docket No. 0726-CR-0761
Client rented a motor vehicle which was then involved in a serious one-car accident. When the police arrived, Client's girlfriend was barely conscious in the front passenger's seat. The police saw Client pacing back and forth on a nearby street. The investigating officer quickly concluded that Client was drunk and brought him back to the scene of the accident. After speaking with eyewitnesses, the police charged Client with operating under the influence of liquor (OUI/DUI), leaving the scene of an accident after causing personal injury, and operating a motor vehicle recklessly. Client hired Attorney Yannetti to fight the charges. Attorney Yannetti filed several motions in limine, seeking to exclude from the evidence at trial: (1) any identification of Client by eyewitnesses; and (2) Client's blood alcohol level. Attorney Yannetti also prepared a persuasive motion for a required finding of not guilty. Today, on the trial date, Attorney Yannetti convinces the judge to dismiss all three charges over the objection of the prosecutor. Result: Case Dismissed.

September 14, 2007
Leominster District Court
Docket No. 0761-CR-0169                                   
Attorney Yannetti represented Client back in May and succeeded in convincing the court to dismiss the charges of operating under the influence of drugs and possession of a class E controlled substance. Client instead received a continuance-without-a-finding on charges of operating a motor vehicle negligently and possession of a class B controlled substance. Client proceeded to successfully complete only two months of probation before failing two random drug tests in July by being caught with cocaine in his system. Client then re-hired Attorney Yannetti, who helped Client into drug treatment and negotiated with his probation officers in two courts over the course of two months. Today, Client's probation officer surrendered him to the court for his probation violations -- but Attorney Yannetti convinced both the probation officer and the judge not to impose a guilty finding on either charge. Instead, his two charges will remain continued without a finding, to the original termination date of May 2008. Client needs only to be evaluated for further drug treatment and remain drug and alcohol-free until then. Result: Client surrendered for his probation violations, but still avoids any criminal conviction, as the continuance without a finding is not revoked.

August 28, 2007
Wareham District Court
Docket No. 0760-CR-2179
Client, a 35 year-old communications technician, was arrested for OUI after another motorist had called the State Police as a result of having witnessed Client weaving in his car all over the road. After being stopped, Client admitted to having 4-5 drinks, then proceeded to fail several field sobriety tests. The state trooper also found marijuana in his vehicle, adding a charge of "2nd offense possession of a class D controlled substance" to the complaint. Client hired Attorney Yannetti for three reasons: (1) to advance the case so that client could admit to the OUI charge and potentially obtain a "hardship" license as soon as possible; (2) to negotiate with the prosecutor in order to obtain a disposition that would allow Client to avoid a conviction for 2nd offense possession of a class substance -- which in turn would allow Client to avoid the one-year driver's license loss that would result from a conviction; and (3) to minimize the fees and fines to be imposed. Today, Attorney Yannetti succeeded in convincing the judge -- over the prosecutor's objection and despite Client's lengthy history of motor vehicle offenses -- to continue the OUI charge without a finding of a guilty. Attorney Yannetti also convinced the prosecutor to reduce the drug charge to simple possession of a class D substance, and not a subsequent offense. That allowed the judge to continue that charge without a finding as well. Finally, the prosecutor and judge agree to a "not responsible" finding on both civil infractions (marked lanes violation and driving a car with an open container of alcohol). Client therefore avoids $600 in additional penalties for those infractions. Result: Client avoids criminal convictions, avoids responsibility for civil infractions, and avoids a lengthy loss of his driver's license.

May 31, 2007
Leominster District Court
Docket No. 0761-CR-0169
Client, a professional driver who transports the elderly and the handicapped, was off-duty one night and arrested for operating under the influence of drugs, as well as possession of cocaine and pills. Client allegedly veered off the road and crashed into the woods. When the police arrived, Client was disoriented and paramedics reported that his heart was racing uncontrollably. The police found in his vehicle crack cocaine, as well as several unbottled prescription pills, including promethazine, alprazolam and cyclobenzaprine. Client admitted that the cocaine and pills were his. If convicted of OUI-drugs or either of the narcotics possession charges, Client's driver's license would have been suspended for one year. After several court dates, Attorney Yannetti convinces the prosecutor to (1) dismiss the OUI-drugs charge and allow Client to admit only to operating a motor vehicle negligently; (2) dismiss the possession of a class E controlled substance charge and allow Client to admit only to the possession of a class B controlled substance charge; (3) recommend that Client be found "not responsible" for the marked lanes civil motor vehicle infraction; and most importantly: (4) recommend that the operating negligently and possession class B charges both be "continued without a finding," meaning that Client will not lose his driver's license and will not ultimately have a criminal record if he complies with probation. The judge agrees to adopt the agreed-upon recommendation. Result: OUI-drugs and possession class E charges dismissed, Client retains his driver's license and avoids any criminal conviction.  

May 17, 2007
Boston Municipal Court
Docket No. 0601-CR-5873
Client, a college student, was charged with motor vehicle homicide. Last year, he allegedly drove his car into a wall while traveling 94 mph with a blood alcohol level well over the legal limit. Tragically, his passenger -- and best friend -- died. If the district attorney's office insisted on prosecuting him under chapter 90, section 24G, subsection (a), Client faced possible indictment by a grand jury and a minimum mandatory one-year state prison sentence. Over the course of several months after the accident, Attorney Yannetti persuaded the prosecutor and the victim's attorney that Client should not be indicted. Attorney Yannetti then convinced the prosecutor to proceed under subsection (b) -- which would allow Client to avoid the minimum mandatory one-year prison sentence. Today, Attorney Yannetti convinces a B.M.C. judge to sentence the defendant to serve 59 days in the house of correction. When released, Client will be on probation for 5 years with the remainder of his sentence suspended, and he will have to perform 200 hours of community service. Result: Client avoids indictment, avoids state-prison, avoids the minimum-mandatory one-year sentence, and will be released from the house of correction in July.

March 16, 2007
Charlestown District Court
Docket No. 0704-CR-0006 
Client, a middle-aged man with a prior conviction for OUI, was charged with OUI again after allegedly having two glasses of wine and some champagne on New Year's Eve, weaving on the road, failing field sobriety tests and registering a reading of .11 after agreeing to take the breathalyzer test. When the police applied for a criminal complaint, however, they neglected to inform the clerk of courts that this was Client's second offense. Today, Attorney Yannetti convinces the prosecutor and the judge to allow Client to resolve the case as if he were a first-time offender. As a result, Client avoids having to serve at least 14 days in-patient at a rehabilitation facility -- and is instead allowed to complete the one-class-per-week alcohol education course on an outpatient basis. Result: Client placed on probation without having to serve any time in jail or in a rehabilitation facility.

September 11, 2006
Framingham District Court
Docket No. 0549-CR-3873
Client, a consultant, was charged with operating under the influence of intoxicating liquor, third (3rd ) offense. Client was facing the prospect of serving time in the house of correction if convicted. Attorney Yannetti retains an expert accident reconstructionist to testify that the accident was not Client's fault. Attorney Yannetti also retains an expert forensic ophthalmologist to testify that Client suffers from Grave's Disease, and therefore would have difficulty performing field sobriety tests. Result: Not Guilty Verdict after trial.