Drunk Driving (DUI/OUI)

Middlesex OUI/Drunk Driving Lawyer

In Massachusetts, drunk driving is referred to as Operating Under the Influence (OUI) and even a first offense can lead to severe penalties. If your blood alcohol content is higher than .08%, you can be convicted of OUI. Even if you refuse to take a breath test, you can still be charged for OUI based on a police officer’s testimony about your driving, appearance, behavior, performance on tests to determine sobriety and other factors.

The maximum penalties for a first drunk driving offense in Massachusetts are:

  • Up to two and a half years in a jail or house of correction
  • Up to $5,000 in fines
  • License suspension of up to one year

However, most drivers do not receive the maximum penalties. Realistically, most first time offenders face the possibility of probation, a suspended license and approximately $2,500 in fines and fees. As you would expect, extremely high levels of blood alcohol content and/or multiple OUIs can lead to increasingly severe sentences. If you were operating under the influence with a child under the age of 14 in the car, or you were involved in an accident, you will also likely face more severe penalties.

What are your options?

OUI is a complicated area of the law. Our Woburn drunk driving attorneys understand the law and will work closely with you to determine the best course of action in your particular case. We will fight the charges. Our approach is to examine the evidence to determine whether mistakes were made by the police in the investigation and collection of evidence. We will determine what can and cannot be used against you a trial. We will file motions to exclude evidence that was not obtained lawfully and/or motions to dismiss your case under certain circumstances.

Your chances of success with a drunk driving case will be significantly better if you do not take either a Breathalyzer test or field sobriety tests. There can be consequences for refusing the Breathalyzer test, such as a temporary suspension of your license, but not having this evidence used against you at trial will be of great benefit to you.

If winning the case does not appear to be a viable option, we can work out a deal with the prosecutor.  In cases involving a first offense, most prosecutors and judges will agree to what is known as a Continuance Without a Finding (CWOF). This means that technically you are not guilty of a crime, although the CWOF will remain on your record. Penalties for CWOF typically include one year of probation, a license suspension of 45 to 90 days, a 16-week drug and alcohol education program, other shorter programs (usually one or half a day), and some fees.

Contact us today to discuss your options. We will meet with you for free and recommend the best course of action in your case. Chances are, you’ll feel better about your situation after simply talking to us.


Michael A. Contant, Esq.

Get your questions answered - Call or text for a free consultation (617) 227-8383.