An OUI arrest is a nightmare of flashing lights and the feeling that law enforcement sees you as a criminal. Once the initial shock fades, you must decide whether to accept a plea deal or challenge the accusation of OUI in court. Deciding how to proceed and gain the best chance of protecting your driving privileges, reputation, and freedoms is of utmost concern and requires fast, effective legal action.
Your decision requires understanding of the Massachusetts OUI laws and the extent of the evidence the Commonwealth has gathered against you, and whether the evidence was collected legally. At Contant Law, P.C., we believe our clients can make the best decisions with experienced legal guidance. We focus on providing compassionate support to help you weigh the risks of a trial against the results of taking a plea.
Understanding the Massachusetts Plea Bargains: The 24D Disposition
In many first-offense cases in Massachusetts, you may be eligible for a “24D disposition,” named after Massachusetts General Laws Chapter 90, Section 24D. This Law allows for an alternative sentence for a first-time offender.
Under a 24D plea, you avoid jail time. The program allows you to receive a period of probation, usually a year, during which you must complete a state-approved Massachusetts Impaired Driving Program. One of the primary reasons this option is chosen is the term of your driver’s license suspension. A conviction for a first offense without the benefit of a 24D disposition can lead to a one-year loss of your driver’s license; a 24D disposition reduces the suspension to 45 to 90 days. The judge determines where in that range your license should be suspended. In addition to this a 24D disposition may entitle you to obtain a hardship license which will allow you to drive during a specific 12 hours period related to the hardship, such as need to get to work, 7 days per week for the remaining period of any driver’s license suspension.
Understand that a plea is an admission of guilt. Once that admission is made, the Court can impose either a guilty finding (i.e., a conviction) or a “Continuance Without a Finding” (CWOF). A CWOF means the court believes there is enough evidence for a conviction, but they put the case on hold. If you complete the term of probation successfully, the charge is technically dismissed. But be aware that even with this dismissal, if you have any subsequent OUI charges, the earlier CWOF which was ultimately dismissed will still be treated as a first offense. This means the next time would be a second offense, with significantly increased penalties.
The Risks and Rewards of Going to Trial
In many OUI cases, a trial is the only way to secure a positive verdict and keep your record clean. In Massachusetts, you have the right to a jury trial or a bench trial. In a bench trial, a judge decides the outcome after hearing all of the admissible evidence. With a jury trial, 6 people seated on the jury would have to unanimously agree to a verdict after hearing the admissible evidence and receiving instructions from the judge concerning the law to apply to the facts.
In either case, the burden of proving guilt lies always with the prosecution. They must prove you were operating a vehicle on a public way while under the influence of alcohol or drugs beyond a reasonable doubt. At Contant Law, P.C., our approach is to scrutinize every detail of the evidence to identify the weaknesses in the Commonwealth’s case. Various aspects of the arrest and charge may be open to a strong defense challenge, including, but not limited to:
· The legality of the initial traffic stop
· Innocent explanations for certain observations by the officer
· How the Field Sobriety Tests were conducted
· Medical reasons that could be the cause of certain observations
· The accuracy of breathalyzer results (if any) and the 15-minute observation period
· Whether the breathalyzer unit had been maintained as required
· Inconsistencies in the police officer’s written report
The reward of a trial is a “not guilty” verdict, which allows the accused to walk away with no conviction and other consequences, but risks are part of the process. If a jury finds you guilty, the judge is not required to allow you the more lenient 24D disposition. You could face a longer license suspension, higher fines, or even a jail or prison sentence in more serious cases.
How Breath Test Refusals Complicate the Decision
If you refuse the breathalyzer when you are stopped by law enforcement, Massachusetts law imposes an immediate administrative license suspension. For a first offense, this is 180 days. The license suspension is separate from your criminal case.
Taking a plea deal does not automatically allow you to have your license back. The 180-day refusal suspension often runs consecutively with the license suspension imposed in the OUI charges. The good news is that if you go to trial and win, our legal team can ask the court to reinstate your license immediately. If law enforcement made serious errors in any aspect of the arrest and charge for OUI, taking a case to trial can be the right option. Your OUI defense lawyer in Woburn must have the litigation skills to craft a powerful and persuasive defense on your behalf.
Factors That Influence Your Strategy
Every OUI case is unique, and what worked for one person might not be the best choice for another. When we sit down with our clients, we look at several factors to determine the best path forward:
· Strength of the Evidence: If the police failed to follow proper procedures during the stop or the tests, or there are other explanations for the observations of the police, your chances at trial could improve significantly.
· Prior Record: If you have a prior one OUI conviction from more than 10 years ago, you might be eligible for a “Cahill Disposition,” which treats a second offense similar to a first offense for sentencing purposes, but will require negotiation.
· Professional Needs: For those who drive for a living or hold a Commercial Driver’s License (CDL), a plea can have devastating impacts that a trial might avoid.
The Woburn District Court Process
If you choose to fight the charges, your case moves through several stages: the arraignment, the pretrial conference, and sometimes motions to dismiss the case or suppress certain evidence. During a pretrial conference, our team can discuss the case with the Assistant District Attorney to see if a favorable deal is possible or if you will be best served by preparing for trial.
Prosecutors in the Woburn area take OUI charges seriously. They often rely on the arresting officer’s testimony regarding “signs of impairment.” The officer often reports that the accused had slurred speech, bloodshot or glassy eyes and was unsteady on their feet. At Contant Law, P.C., our role is to provide alternative explanations that may show the signs are the result of allergies, fatigue, or medical conditions, not alcohol.
Making the Choice That Is Right for You
Deciding whether to plead or go to trial is not a choice to make without a full evaluation of your arrest, charge, and the evidence against you. The evaluation demands a calm, professional analysis of the facts, measured against MA law. Whether you are facing a first offense or have a prior offense, you deserve to have your voice heard and to be defended with compassion from a top-tier attorney who can present a persuasive and thorough defense case to the court.
Why Choose Us?
Over the past 28 years, our lead attorney and founder, Mike Contant, has developed a reputation as a top-tier litigator in courts all over Massachusetts. His practice is dedicated to the defense of adults and juveniles in all aspects of criminal defense, and he can regularly be found arguing in District, Juvenile, and Superior Courts. Since 2023, Attorney Contant has been consistently named to Boston Magazine’s List of Top Lawyers in Massachusetts and listed in Super Lawyers in 2024-2026. Our talented legal team at Contant Law, P.C., is ready to provide the compassionate and experienced defense you need.
If you are facing an OUI charge in Woburn or the surrounding communities, contact us today at 617-221-8221 to speak with one of our team members about what happened.
