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Drunk Driving and Operating Under the Influence

HomePractice AreasCriminal DefenseDrunk Driving/OUI

Boston Drunk Driving Attorney / OUI Lawyer in MA

If you’re being charged with Operating Under the Influence “OUI” in Massachusetts, you should retain a high-quality OUI defense attorney to protect your rights.  We help people everyday, and have had hundreds of exceptional results for our clients.  Call us today at (781) 797-0555 for a free phone consultation today.

Massachusetts OUI Penalties

Massachusetts has strict laws relating to drunk driving, and penalties often increase as a result of new legislation.  OUI Penalties can include jail time, fines, treatment programs, license suspension, and thousands of dollars in increased insurance premiums.

In Massachusetts, it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. The limit for commercial vehicle drivers is 0.4 and even lower for drivers under the age of 21 at 0.2.

As a driver in Massachusetts, there is an implied agreement that you will submit to a chemical test of your blood, breath or urine if an officer has reasonable cause to believe you are under the influence of alcohol or drugs. If you refuse a test, your license will be suspended for 180 days if you have no prior drunk driving offenses. If you refuse a test, and have one prior drunk driving conviction your license will be suspended for 3 years. The penalties increase to a 5-year suspension with two prior OUI convictions, and to a lifetime suspension if you refuse the test and have 3 previous drunk driving offenses.  However, if you go to trial and win, the court will usually order the RMV to restore your license right away.  Many attorneys advise against taking a breath test, as it makes for a better defense.

1st OUI Conviction

Jail – Up to 30 months
Fine – $500 – $5,000
Assessment – $250
OUI Victim Trust Fund – $50
License Suspension – 1 year
Court Assigned Treatment Program

1st OUI – Alternative Disposition (“24d”)

For a first time OUI charge, we have been able to secure an alternative disposition for most clients.  It’s known as a “24d” plea, which involves an admission to the OUI but without a guilty on your record.  Instead, the case is held open for a period of time.  If you complete the probationary period and comply with all court orders, the case will be dismissed.

There are pros and cons to any plea, and although the 24d plea ultimately leads to a dismissal, it still counts as a first OUI if you ever get charged again.  It also comes with hefty fines and insurance premiums.  On the plus side, if you need to drive for work, you can get a hardship license almost immediately after the plea.  We’ve helped clients get their hardship license back within days of their arrest.  A hardship license allows you to drive to and from work during a 12-hour window each day.

2nd OUI Conviction

Jail – 30 days to 30 months
Fine – $600 – $10,000
License Suspension – 2 years
Eligible for Hardship License after 1 year
Ignition Interlock Device Required

2nd OUI – Alternative Disposition

In several cases, we have been able to convince judges to give clients a second chance.  Despite a mandatory minimum jail sentence, the law allows the judge to order a person facing a 2nd OUI charge to a 2-week inpatient treatment program, followed by probation.  If successful, this option avoids any incarceration.

If your first OUI was more than 10 years ago, you may be eligible for another 1st offense 24d disposition (see description above).

3rd OUI Conviction

Jail – 150 Days to 5 years
Fine – $1,000 – $15,000
License Suspension – 8 years
Eligible for Hardship License after 2 years
Ignition Interlock Device Required

4th OUI Conviction

Jail – 1 to 5 years
Fine – $1,500 to $25,000
License suspension – 10 years
Eligible for Hardship License after 5 years
Ignition Interlock Device Required

5th OUI Conviction

Jail – 2 to 5 years
Fine – $2,000 – $50,000
License Suspension – Permanent

Defending OUI Charges

We travel across Massachusetts to fight OUI charges for our clients.  Here is a sampling of our latest OUI trials here in Boston and in other Massachusetts courtrooms:

Boston Municipal Court
Docket No. 1401-CR-7042
Client, a 28-year-old butcher, was charged with Speeding, Marked Lanes Violation, Negligent Operation of a Motor Vehicle, OUI Drugs, OUI Liquor, and Possession of a Class B Drug (Amphetamine).  Client was accused of driving erratically and crashing into a barrier on the highway.  When police found him unresponsive, they searched his pockets and found illegal drugs, and also observed empty beer cans in his car.  After a trial, Client is acquitted of all criminal charges, except that the possession charge was dismissed right before trial.
Result: Possession Charge Dismissed & Not Guilty on all remaining Criminal Charges.

Westborough District Court
Docket No. 1667-CR-1454
Client, a 53-year-old nurse originally from Nigeria, was charged with Operating Under the Influence of Liquor (OUI), Marked Lanes Violation, and Lights Violation. Client hired Simons Law Office to defend the case.
According to the State Trooper, Client was pulled over for having a broken light. After following Client, the Trooper observed her driving erratically and crossing into the breakdown lane. Client then failed her field sobriety tests, and was arrested. After trial, Client was not guilty.
Result: Not Guilty.

Lowell District Court
Docket No. 1511-CR-7477
Client, a 36-year-old man from Uganda, was charged with Operating Under the Influence of Liquor (OUI), Negligent Operation of a Motor Vehicle, Marked Lanes Violation, and Speeding. After a year of delays with his public defender, Client hired Attorney Simons to take over and defend him at trial.
According to the State Trooper, Client smelled of overwhelming alcohol when he was pulled over at 2:00 a.m. for driving erratically and speeding. Client failed his field sobriety tests and eventually dropped to the ground, crying and saying sorry. Despite this, at trial, Attorney Simons was able to convince the jury that Client was not guilty. Client’s girlfriend testified, Client testified, and Attorney Simons introduced chiropractic records over the prosecutor’s objection.
Result: Not Guilty on both criminal charges and Not Responsible on the civil motor vehicle infractions.

Woburn District Court
Docket No. 1553-CR-2955
Client, a 22-year-old community college student, was charged with Operating Under the Influence of Liquor (OUI). According to the police report, a state trooper observed Client hopping out of the driver’s seat and into the back of the van after being pulled over. Then Client failed multiple field sobriety tests on the roadside. Client hired Simons Law Office to fight the case. Today at trial, Attorney Simons convinced a jury to find Client not guilty of the OUI.  As a result, Client avoids huge costs and burdens of an OUI conviction.
Result: Not Guilty.

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