On October 18, 2008 New York Yankees ace pitcher Joba Chamberlain was arrested for DUI in Nebraska. The Lincoln resident was pulled over in his hometown for speeding. The trooper who pulled him over smelled alcohol on his breath and observed an open container. Chamberlain was given a breathalyzer test. He failed by blowing a .13, more than one and one half times the legal limit in Nebraska. Earlier today Chamberlain pleaded guilty to the drunk driving charge and was placed on probation. The open container charge was dropped. Part of the penalty requires Chamberlain to pay a four hundred dollar fine, complete an alcohol education program and lose his license for sixty days.
By all accounts this was a first offense for Chamberlain. Nebraska has a DUI statute that permits probation for first time offenders whose blood alcohol level is below a .15. The statute mandates a sixty day loss of license and a four hundred dollars fine. This is virtually identical to the sentence Chamberlain received. In some respects Nebraska DUI laws are more severe than in Massachusetts. There is a provision in Nebraska that requires a minimum mandatory two day sentence if the suspect blows a .15 or higher. In Massachusetts first offenders typically get what we call a “24D” disposition that requires a forty five day loss of license, fines, an alcohol awareness program and probation for one year. First time drunk drivers in Massachusetts can also obtain a hardship license that permits operation within a twelve hour period during the period of suspension.
In Massachusetts drunk driving cases are referred to as OUI’s. Attorney Stephen Neyman has been defending OUI cases throughout Massachusetts for over 20 years. If you have been charged with drunk driving in Massachusetts call our office at 617-263-6800 or contact us online now.
Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.