The offense of Operating Under the Influence (OUI) in Massachusetts is taken very seriously. If convicted, a person may experience the loss of their license, large fines, the requirement to participate in alcohol education classes, a loss of professional or educational opportunities, and even jail time in some cases.
For veterans who have been diagnosed with a condition related to their service, an OUI can be a devastating setback. Through the Brave Act, however, veterans facing OUI charges have an alternative to the traditional criminal justice system. An experienced attorney can help you navigate that alternative path and understand your rights.
What Is the Brave Act?
Passed in August of 2018, the BRAVE Act allows honorably discharged veterans who suffer from certain conditions due to their service to avoid prosecution for certain criminal charges. In addition to the above, a veteran can only qualify if they don’t have any prior adult convictions, don’t have any open criminal cases or appeals, and are being charged with a first-time OUI without having ever been arrested for this offense in Massachusetts or elsewhere.
Under the Brave Act, instead of going through the traditional criminal justice system following an arrest for OUI, a veteran would have the opportunity to choose a diversion program, following a 30-day assessment.
What Do You Do If You’re a Veteran Facing an OUI Charge
The first thing to do if you are arrested for an OUI and you believe that you are a veteran eligible for the Brave Act is to inform the court as soon as possible. From there, the Probation Department should confirm your eligibility and inform the court.
An attorney can help you with the legal technicalities of requesting a continuance so that you can undertake the next steps, which include seeking an assessment by the appropriate agency (such as the Department of Veterans Affairs) to determine whether a diversion program is appropriate.
If you qualify, a treatment program will be designed and your compliance with the program will be monitored. If you successfully complete the program, your case will be dismissed by the judge.
Eligibility for OUI Offenses Under the Brave Act
As stated above, you must be a veteran who was honorably discharged and who is suffering from a service-related condition in order to qualify for a diversion program under the Brave Act. You also cannot be a repeat OUI offender.
If you have any questions about eligibility or how to exercise your rights under the Brave Act, it is recommended that you consult with a skilled attorney with experience representing veterans in OUI cases.
How a Defense Attorney Can Help You
Your defense attorney will explain eligibility and your rights, help you to navigate the process, and represent you before the court. If you’ve been charged with an OUI and want to learn more, call The Law Office of Paul R. Moraski directly today at (978) 397-0011. You can also contact us online to get started.