Massachusetts DUI Lawyer Blog

A man from Charlton was sent to prison Feb. 24 after receiving his seventh conviction for operating under the influence. Jason Wetteland, 40, was arrested most recently on Aug. 1, 2009, after an Amesbury police officer witnessed him nearly causing a crash on Route 110. The officer immediately pulled him over, and Wetteland allegedly admitted he was drunk. He was holding a bottle of blackberry brandy between his legs and had at least eight cans out of a 12-pack of beer in the vehicle. Nonetheless, Wetteland refused to take a blood-alcohol concentration test. He pleaded guilty to a fifth or subsequent OUI; driving after license suspension, subsequent offense; and negligent driving.

For the OUI conviction, Wetteland was sentenced to up to five years in prison and eight years of probation, plus fines. He also lost his license to drive and was sentenced to time served for driving with a suspended license. As conditions of his probation, he will be required to attend alcohol classes; stay away from drugs and alcohol; submit to random tests; and will not be allowed to drive. His prior convictions for operating under the influence took place in 1988, 1990, 1991, 1991 again, 1999 and 2001, in Dudley, Worcester and East Brookfield courts.

Read article: Chronic DUI offender heads to state prison

Drivers like this do not represent the bulk of my clients as a Massachusetts OUI criminal defense attorney. Studies show that the majority of first-time drunk driving defendants do not commit another drunk driving offense -- they learn from their mistake and move on. However, a minority are chronic drunk drivers, who may have a problem with alcohol that can't be solved by a 12-month license suspension. The harsh penalties they face are not aimed at first-time drunk drivers, but a look at those penalties shows how important it is to defend yourself from a first OUI, so that subsequent-offense penalties are not available to prosecutors.

A first offender in Massachusetts is likely to get probation rather than jail time (although jail time is an option), fines and fees and a license suspension of one year, with a hardship license available after three months. Alternative disposition (the 24D program) is also available for first offenders, which allows them lower fines, a shorter license suspension and no possibility of jail. These penalties get harsher with each subsequent offense. A fifth or subsequent offense like Wetteland's carries mandatory prison time of at least two years, and up to five; steep fees; and the lifetime loss of a driver's license. This is why people charged with a first OUI should, whenever possible, get help from an experienced Massachusetts drunk driving defense lawyer -- so they can keep that first OUI off their records. In the best cases, this allows them to learn from their mistakes without the need for life-altering penalties.

Continue reading "Salem Court Sentences Chronic Drunk Driver to Five Years in Prison" »

A Marblehead man was charged with his fifth OUI, among other things, and held without bail in Salem. The Daily Item of Lynn reported Nov. 5 that Melvin McKenzie, 50, was arraigned Nov. 4 for charges stemming from a traffic stop in July. Police said McKenzie was stopped in Marblehead for speeding and leaving a marked lane. After the stop, an officer noticed a smell of alcohol and found a pint of vodka in his lunch box. The officer also found that McKenzie was driving with a suspended license, and was on probation for a previous drunk driving conviction. He was charged with a fifth OUI, OUI after license suspension, negligent driving and reckless driving and pleaded not guilty to all charges. After a dangerousness hearing, the judge in the case found that McKenzie couldn't safely be released and ordered him held 90 days without bail. His trial is set for Dec. 14.

Read article: Marblehead driver held on 5th DUI

As a Massachusetts OUI defense attorney, I am glad that this defendant has retained legal counsel to defend him from the very serious charges he faces. A fifth OUI carries mandatory prison time and the lifetime loss of the driver's license, as well as very steep fines. That's true even in cases like this one, where there was no accident and nobody was harmed by the alleged drunk driving. When the stakes are this high, defendants should take advantage of every defense they have -- which is significantly easier with an attorney by their sides.

I would also like to take the opportunity to highlight the use of a dangerousness hearing in this case. A dangerousness hearing is essentially a hearing on whether the defendant should be granted any bail at all, or simply kept in jail. It can be used in any type of Massachusetts criminal case. Relative to OUI cases, this statute is used primarily for cases where the defendant has four or more previous convictions or where a subsequent offender has caused serious injury. As it relates to dangerousness hearings, in drunk driving cases, the prosecution's goal is to prove that the defendant is likely to drive drunk again. If you're facing a dangerousness hearing, you're facing the loss of your freedom before any trial or conviction can take place. The importance of retaining an experienced Massachusetts drunk driving defense lawyer in this situation cannot be overstated.

Continue reading "Salem Court Holds Driver Without Bail for Fifth Drunk Driving Charge" »

A Marshfield man faces his fifth drunk driving charge as well as a felony kidnapping charge after a woman accused him of holding her in his van against her will. According to an Oct. 13 article in the Marshfield Mariner, Tilden Davis, 66, is accused of those crimes in addition to driving with an open container of alcohol and illegal possession of prescription drugs. The arrest came after an unnamed woman fled the van Davis was driving, which was flooded when it drove into a rising tide near Trouants Island at around 4:15 in the morning. The unnamed woman, described as middle-aged, said she had been "partying all night" with a man calling himself "Butch," but that he wouldn't let her get out of the van. When the van became stuck, she jumped out and called 911.

When police arrived, they observed signs of intoxication in Davis, including slurred speech and trouble standing. In the van, they found an open can of beer as well as a bottle of blackberry brandy and miscellaneous prescription drugs. The drugs included medications for high blood pressure and high cholesterol as well as Cilostazol, which relieves muscle pain. The arrest was the fifth OUI charge for Davis, although a police spokesman said his last OUI conviction was 20 years ago. He was held overnight in jail and released on personal recognizance.

Read article: Marshfield man charged with kidnapping, fifth offense OUI

As a Massachusetts DUI defense attorney, I believe this case calls attention to the important but overlooked fact that prior OUI convictions never come off your record in Massachusetts. In other states, a previous drunk driving charge may "expire" five or ten years later, but here, it doesn't matter whether the last conviction was this year or 30 years ago. This situation could, in many instances be considered unfair to defendants whose last conviction was so long ago that many children born afterward are now college students. If convicted of this newest OUI, Davis faces a mandatory two-year prison sentence, the lifetime loss of his driver's license and thousands of dollars in fines. This doesn't count the penalties he may face from the other charges. An experienced Massachusetts drunk driving defense lawyer can sometimes successfully challenge prior convictions. That, and mounting a strong defense, might be the best option for Davis .

Continue reading "Marshfield Massachusetts Driver Gets Fifth OUI Charge During Alleged Kidnapping Attempt" »