Case Result: Operation Under the Influence of Alcohol – 3rd Offense – Client Avoids Mandatory Jail Sentence

October, 2017

Our OUI defense lawyers represented a man accused of driving under the influence of alcohol, alleged as a third offense. The case was pending out of the Lowell District Court for a series of several months while we vigorously represented the client seeking a reduction of the charges to avoid a mandatory jail sentence. The DUI arrest was made by a Lowell Police Officer during the afternoon in downtown Lowell.

Allegations

Lowell police received a 9-1-1 call involving an SUV that had struck another vehicle and continued to drive away. Shortly thereafter, a Lowell police patrol officer stopped our client’s car, noticing that there was damage to his vehicle which appeared to be fresh. The client appeared disheveled, and was alleged to have urinated himself. Officers performed field sobriety tests on the client, who in their opinion was extremely intoxicated. As a result of the police investigation, the client was arrested.

The client’s car was searched after his arrest and alcohol and prescription medication were both found inside of the vehicle. A criminal record check was conducted and it was discovered that he had at least two prior OUI offenses.

Ultimately the client was charged with a third offense OUI and leaving the scene of property damage.

Punishment

A person who is charged with a third offense OUI faces a felony that has a minimum sentence of 6 months in jail (5 months of that is called a mandatory sentence that cannot be reduced for any reason). The maximum punishment is two and a half years in jail or five years in state prison, along with significant fines.

Mitigating Facts

Our client was diagnosed with alcohol dependence disorder, which he clearly suffered from. An army veteran, he had been deployed overseas in combat on several occasions. As a result of his valiant service, the client suffered a traumatic brain injury and post traumatic stress disorder. A clinician with the VA determined that his alcohol use disorder, PTSD, and his brain injury were all directly related to his combat service.

Following his arrest, the client entered residential treatment, maintained outpatient alcohol treatment, and was committed to sober living. He had the support of his family, his clinicians, and a documented commitment to working on his sobriety and improving his life.

Given the reasons for leniency, we sought from the prosecutors a request to reduce the charges and allow the client to enter services at the Veteran’s Treatment Court in Framingham. Unfortunately, the District Attorney’s Office would not agree to reduce the charges. We were told it simply would not be done.

Not losing hope, we drafted a motion seeking the judge to depart from the mandatory minimum sentence in the “interests of justice” citing a rarely used provision in the OUI law. After weeks of arguments, we convinced the then-sitting First Justice in the Lowell District Court to impose a period of probation on the client’s case. As a result, the client entered the treatment court and avoided jail time.

Result

Our client continued his outpatient treatment, avoided jail time, and was not separated from his loving family.

If you or a loved one is charged with a subsequent offense OUI or DUI charge, contact DUI defense lawyers Murat Erkan and Ryan Sullivan today to schedule your consultation.