Second Offense OUI Lawyer in Attleboro, MA
A second Operating Under the Influence (OUI) charge in Massachusetts is not simply a repeat of a first offense; it is treated as a significantly more serious criminal matter. The penalties escalate sharply. The prosecution’s posture hardens. The long-term consequences increase.
Many clients facing a second OUI feel overwhelmed, particularly if years have passed since their first case. They often assume that because the prior conviction is on their record, a conviction is inevitable. That assumption is legally incorrect. A second-offense OUI can and should be carefully examined, challenged, and defended.
Brian D. Roman, Attorney at Law approaches these cases with a disciplined, litigation-focused strategy designed to protect your liberty, your license, and your future. We serve clients in Attleboro, Wrentham, and those across Massachusetts and Rhode Island.
Call (508) 687-6404 or reach us online for a free initial in-person or virtual consultation with our Attleboro second-offense OUI attorney. Available 24/7.
Our Defense Strategy for Second Offense OUI Charges
Second-offense litigation requires a more aggressive, technically detailed defense. The stakes are higher. The margin for error is smaller.
Immediate Strategic Evaluation
We conduct a comprehensive review of:
- The traffic stop (reasonable suspicion analysis)
- The arrest (probable cause evaluation)
- Field sobriety testing protocols
- Breath or blood testing procedures
- Cruiser and booking video evidence
- Officer training and compliance records
If the stop or arrest was constitutionally defective, we file motions to suppress. Exclusion of critical evidence can materially weaken the Commonwealth’s case.
Challenging Chemical Testing
Breath testing devices must meet strict calibration and certification standards. We examine:
- Maintenance and certification logs
- Operator qualifications
- Compliance with Department of Public Health regulations
- Chain-of-custody issues (for blood cases)
- Scientific or procedural flaws can undermine the reliability of the test results.
Evaluating the Prior Conviction
Because the second-offense designation depends on a valid prior conviction, we examine whether:
- The prior plea was constitutionally sound
- You were properly advised of your rights
- The conviction qualifies under Massachusetts law
If the prior offense cannot be properly established, the Commonwealth’s enhanced charge may be challenged.
RMV Representation
Second-offense cases frequently involve lengthy administrative license suspensions. We represent clients before the Massachusetts Registry of Motor Vehicles, seeking relief where available and navigating hardship license eligibility.
Negotiation or Trial
Trusted by Clients Across Massachusetts and Rhode Island
Real Clients. Real Results.
-
“Attorney Roman was able to allow me to find a balance and peace emotionally. He fought hard for me when needed and listened for all the facts that were important to the case as well.”- Manuel
-
“If bad luck is ever bestowed on you give Brian a call immediately to get the defense everyone deserves in our complicated Massachusetts judicial system.”- Former Client
-
“Mr. Roman was a sound voice of reason and knowledge throughout all of the court proceedings. Mr. Roman is a wealth of knowledge and extremely versed in the legal system.”- Jonathan
