OUI / DUI
Operating / Driving Under the Influence
Drunk Driving Charges.
There is no set penalty for a DUI/OUI in Massachusetts. The nature of the offense determines the severity and nature of the punishment. However, all DUI/OUI convictions lead to a Registry of Motor Vehicles license suspension. This means that offenders are not allowed to operate a vehicle for a set amount of time. Many cases also result in jail time and hefty fines.
Learn more about drunk driving and OUI charges.
Sobriety Tests & BAC.
An Attorney who is experienced in handling DUI/OUI cases will start investigating your case right away, so as not to lose any evidence that may exist that could be in your favor, collecting records and documents to assist with your defense, and strategizing the best way to deal with your unique case for the best possible outcome.
Learn more about field sobriety tests.
The Breathalyzer.
Consequences get harsher depending on your BAC level (Blood Alcohol Level) and the number of times you have been convicted of a DUI. Massachusetts also has a "lifetime lookback" law, which means that your previous OUI convictions will never disappear from your record. They will always be taken into consideration for new convictions.
Learn more about the recent Massachusetts Breathalyzer Ruling.
Quick facts about OUI / DUI charges
If you are facing your first DUI charge, be encouraged that your penalties will not be as severe as those for a repeat offender.
Some common sentences for a first OUI include:
1 year with an alcohol program and 45 day license loss, with a maximum of 2.5 years in a House of Correction
A fine with a minimum of $500 and a maximum of $5,000.
License suspension for up to one year
Probation with the completion of an alcohol education program paid for by the defendant
All of these penalties are generally negotiable.
Even if you are proven guilty, your defending attorney may suggest a lighter sentence. If you accept a plea bargain in your case, you may also merit a lesser penalty.
Under 21 OUI / DUI Offenses
The legal drinking age in Massachusetts is 21. Unfortunately underage drinking - and driving - still occurs with some frequency. Drivers younger than 21 typically face harsher OUI penalties. All of these laws are outlined in the Massachusetts General Law Chapter 90 Section 24. The greatest difference between Adult DUIs and Under 21 DUIs is the length of license suspension. An underage driver will receive a minimum 180-day suspension, with a maximum of 390 days.
The long-term impact of such cases can be severe. A criminal record at such a young age will count against you as you move forward in life with college or employment, affecting your future in many ways. You will want an attorney on your side who can assist you in your defense, possibly getting a dismissal of charges. Even if charges are unavoidable, an experienced attorney will be able to start procedures in motion to try and eventually seal, or even clear your record, so that a youthful indiscretion does not follow you into adult life.
