Massachusetts OUI & DUI Defense Lawyers

In Massachusetts the offense is called OUI, operating under the influence, and the term is interchangeable with DUI and DWI. OUI is a complicated area of law, and a conviction can significantly affect your personal and professional life. Even a first-time OUI can bring jail time, probation, steep fines, and a license suspension, and it can cost you a professional license or firearms license. Do not appear in court without a proven, experienced OUI attorney. From our offices in Woburn and Newburyport, we defend clients across Massachusetts and appear in district and superior courts throughout Middlesex, Essex, and Suffolk counties, including the Woburn, Malden, Somerville, Cambridge, Lowell, Newburyport, Salem, Lawrence, Lynn, Peabody, Haverhill, and Chelsea District Courts.

Our lawyers have in-depth OUI defense experience, and we do not recommend simply pleading guilty. Contact Contant Law, P.C. for a free case evaluation so we can review your case and the options that fit your situation.

When Can You Be Charged With OUI in Massachusetts?

Under G.L. c. 90, section 24, you can be charged with OUI if you operate a motor vehicle and either of the following is present:

you have a blood alcohol concentration (BAC) of 0.08% or higher; or
you are under the influence of alcohol, stimulants, depressants, controlled substances, or marijuana.

You can be charged even if you are not driving. For example, sitting or sleeping in the driver’s seat while the car is running can support an OUI charge. Because these cases are legally complex, hiring an experienced attorney to defend your rights is always best.

The Advantages of Hiring an OUI Lawyer Early

An OUI arrest can lead to an automatic license suspension, so hiring a lawyer immediately is in your best interest. An OUI lawyer can analyze the evidence the state has against you, including test results, cruiser dash-camera video, and body-cam footage. Field sobriety tests are often administered improperly and breathalyzers are sometimes calibrated incorrectly, producing inaccurate results. A lawyer can also determine whether the officer had probable cause to stop you and, if not, argue that the charges should be dismissed. Over the years our OUI lawyers have obtained favorable results in courts across Massachusetts.

What Happens if I Refuse a Breathalyzer Test?

Under the Massachusetts implied-consent law, anyone who refuses a breath test has their license suspended immediately, with the length depending on prior OUI history:

no prior offenses: 180-day suspension;
one prior OUI offense: a possible three-year suspension;
two prior OUI offenses: a possible five-year suspension.

The vehicle is also impounded for 12 hours, and repeat offenders may be required to install an ignition interlock device. Importantly, a refusal cannot be used against you at trial. If you have been arrested and refused a breath test, seek representation as soon as possible. You can also read about your rights at a DUI checkpoint.

How We Examine the Evidence in Your Case

We examine the evidence to determine whether the police made mistakes in investigating and collecting it. Officers often make critical errors conducting field sobriety tests and administering breathalyzers, and field sobriety test results, which depend on the officer’s perception, can frequently be challenged in court. After reviewing the evidence, we determine what can and cannot be used against you, file motions to exclude evidence obtained unlawfully or to dismiss where appropriate, and, if winning outright is not viable, work to negotiate the best possible resolution.

Criminal Penalties for OUI in Massachusetts

The penalties depend on the facts and any prior convictions. A first-offense OUI can bring up to 2.5 years in jail, a fine of $500 to $5,000, and a one-year license suspension. If you qualify, your lawyer may obtain an alternative disposition (the 24D program) focused on treatment, with a much shorter loss of license and the ability to seek a 12-hour hardship license. A second offense can bring a mandatory 30 days in jail, fines of $6,000 to $10,000, a two-year license suspension, and a two-year ignition interlock requirement at your own expense. But there is also a treatment alternative for a second offense, which can be sought. A third offense is charged as a felony, and penalties climb steeply from there, up to lifetime license revocation for high-repeat offenders.

Related pages cover first-time OUI, OUI accidents, OUI fines and costs, and pleading guilty to OUI.

OUI Defense Across Middlesex, Essex, and Suffolk Counties

Contant Law understands that good people sometimes make poor choices, and we never judge. From our offices in Woburn and Newburyport, we defend clients across Massachusetts and appear in district and superior courts throughout Middlesex, Essex, and Suffolk counties, including the Woburn, Malden, Somerville, Cambridge, Lowell, Lawrence, Newburyport, Salem, Lynn, Peabody, Haverhill, and Chelsea District Courts. We negotiate to have charges dropped or reduced, work to exclude field sobriety and breathalyzer results, and, when a plea is the right move, pursue a fair one. Contact us to schedule a free, no-obligation consultation.

Contant Law, P.C.

DUI/OUI FAQs

Common questions about Massachusetts OUI charges and penalties.

What is the legal blood alcohol limit for OUI in Massachusetts?

The limit is 0.08% BAC. You can still be charged below 0.08% if prosecutors show your driving was impaired by alcohol or drugs. Massachusetts calls this OUI, not DUI.

What are the penalties for a first-offense OUI in Massachusetts?

A first OUI is a misdemeanor allowing up to 2.5 years in jail, fines, and up to a one-year license loss. But most first offenders qualify for the 24D disposition: probation, $600 in fines and fees, an alcohol-education program, and a shorter 45 to 90 day suspension with a hardship license.

What happens if I refuse the breathalyzer in Massachusetts?

Under the implied-consent law, refusing triggers an automatic 180-day license suspension for a first offense, and longer with prior OUIs. Your refusal cannot be used against you at trial. Because refusal costs your license but limits the evidence, the choice involves real trade-offs.

Can I get a hardship license after an OUI in Massachusetts?

Often, yes. A hardship (Cinderella) license lets you drive a 12-hour daily window for work, school, or medical needs during your suspension. Eligibility depends on the offense, your record, need and entering required programs, and it requires an RMV hearing.

Is an OUI a felony in Massachusetts?

Not usually at first. First and second OUIs are misdemeanors; a third or later offense is a felony, as is any OUI causing serious injury or death. Because Massachusetts counts priors for life under Melanie’s Law, an old OUI still raises the stakes.

Should I plead guilty to an OUI or fight the charge?

Do not decide until an attorney reviews the evidence. OUI cases often have defenses, such as flawed field sobriety tests, breathalyzer errors, or weak proof you were operating the vehicle. An attorney can weigh a favorable plea against your odds at trial.

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Michael Contant was great. He was able to keep the charges off my son's permanent record which was critically important. He explained the overall process well and kept us calm. And importantly, he and Marina, on his team, were both responsive to all of our questions and pro actively reached out if there was a change in the status of the case.

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33 days ago

Second time using Mike. He was even better than before. Great guy who really seems to care. It was Impressive to watch him in the court room. We won the case and had false allegations dropped

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39 days ago

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76 days ago

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87 days ago

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115 days ago

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