OUI, DUI, DWI

People make mistakes all the time. Failing to contact a competent attorney can compound your mistakes. With an attorney involved, you can be sure that you will get the best result possible. if there is an element the State may fail to prove, we will help you find it. If a plea is in your best interest, we will help you get it as quickly as possible, so you are back on the road in no time.

OUI, DUI, & DWI are commonly confused because different states have different names for “drunk driving.” In Massachusetts, it’s called OUI, or Operating Under The Influence.
To be convicted of Operating Under The Influence, the government must prove, BEYOND A REASONABLE DOUBT, each of the following:

To be convicted of Operating Under the Influence, the Commonwealth of Massachusetts must prove , BEYOND A REASONABLE DOUBT each of the following:

That you were Operating;
On a Public Way;
Under the Influence (of Alcohol or Drugs)

PENALTIES

Penalties for a first offense can include fines from $500-$5000, and in some serious cases, mandatory jail time.

A license suspension is likely, and can last for up to six months. However, a hearing with the Registry of Motor Vehicles, a defendant may be eligible after a plea or guilty finding for a hardship license, sometimes called a “Cinderella License.”

For first-time offenders, many times an attorney can negotiate a dismissal of the charges after one year of administrative probation. Call us today if you have been charged with an OUI (hyperlink)

1st Offense OUI

Imprisonment in the House of Corrections for up to 2.5 years

Fines, Fees or Assessments between $500 and $5,000

Suspension of Massachusetts Driver's License for 1 year
Notwithstanding the above, Massachusetts also offers an 'Alternative Disposition' for first-time OUI/DUI offenders if the defendant elects to change his/her plea to a 'Continuance Without a Finding' (similar to a plea of 'no contest'). With the OUI/DUI Alternative Disposition the defendant is:

Placed on Probation

Ordered to Enter and complete a Drug-Alcohol Education Program

Pay fines, fees and assessments, typically in the area of $1,000 and upwards

Loss of Massachusetts Driver's License between 45 to 90 days (above and beyond any loss of license if the defendant refused to submit to a Breath Test)

2nd Offense OUI

Imprisonment in the House of Corrections for not less than 60 days, not more than 2.5 years

Driver's License Suspension for 2 years

Installation of an Interlock Device on your vehicle when your license is reinstated In lieu of the above, a defendant charged as a Second Offender for an OUI/DUI may also take advantage of an 'Alternative Disposition', which includes:

Being placed on Probation

Completion of an in-patient Alcohol-Treatment Program

Driver's License Suspension for 2 years

Installation of an Interlock Device on your vehicle when you license is reinstated

3rd Offense OUI

Imprisonment for not less than 180 days, not more than 5 years.

Fines between $1,000 and $15,000.

Driver's License Suspension for 8 years.

Cancellation of the vehicle's registration plates for the duration of the license suspension.

4th Offense OUI

Imprisonment for not less than 2 years, not more than 5 years.

Fines between $1,000 and $25,000.

Driver's License Suspension for 10 years.

Cancellation of the vehicle's registration plates for the duration of the license suspension.

District Attorney's Office may seek forfeiture of the vehicle.

5th or Subsequent Offense OUI

Imprisonment for not less than 2.5 years, not more than 5 years

Fines between $2,000 and $50,000

Lifetime Revocation of your Driver's License without even the possibility of a hardship license

Cancellation of the vehicle's registration plates for the duration of the license suspension.

District Attorney's Office may seek forfeiture of the vehicle.

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