How Does Massachusetts Deal With Intoxicated Driving?

If you face an operating under the influence (OUI) charge in Massachusetts, you must be represented by a Woburn OUI attorney who will advocate effectively for your rights and bring the matter to its best possible resolution.

Intoxicated driving is called operating under the influence in Massachusetts. Courts, prosecutors, and police agencies prioritize the consistent and aggressive enforcement of this state’s impaired driving laws.

What Should You Know About OUI in Massachusetts?

If you drive while you’re under the influence of any intoxicating drug or if you drive with a blood alcohol level that measures at or above 0.08 percent, you may be arrested, charged, prosecuted, and convicted of operating under the influence in Massachusetts.

Police officers in this state arrested more than 7,900 drivers for OUI in 2024. While the conviction rate for OUI is high – 77 percent – that number also means that nearly a quarter of the drivers arrested for OUI in Massachusetts – 23 percent – avoid an OUI conviction.

What Are the Penalties for a First OUI Conviction?

While the penalties for operating under the influence convictions can vary depending on several factors, if you’re an adult, the penalties for a first OUI conviction in Massachusetts may include:

  1. up to two-and-a-half years in a Massachusetts house of correction
  2. a fine of $500 to $5000
  3. a temporary driver’s license suspension
  4. attendance and completion of an alcohol education course

Drivers under the age of 21 face tougher penalties. Subsequent OUI convictions for adults are also penalized more harshly. Second convictions are punished with mandatory jail or treatment, costlier fines and longer driver’s license suspensions. A third OUI conviction has mandatory jail time and can send you to prison for up to five years.

What Are the Extra-Legal Penalties for OUI Convictions?

The penalties imposed by the court are not the only penalties associated with OUI convictions. Your auto insurance costs will increase after an OUI conviction. If you drive for a living, you may have to find other employment, which may be difficult with a recent criminal conviction.

If you hold a professional license in Massachusetts, a first OUI conviction may trigger disciplinary action by your state professional licensing board. If you’re not a U.S. citizen, an operating under the influence conviction may prompt a deportation proceeding.

What is a 24D Disposition?

Many first-time OUI offenders will be eligible for an alternative known as a 24D Disposition. If you qualify, your operating under the influence case may be “continued without a finding,” allowing you to avoid a criminal conviction. A 24D Disposition may include:

  1. a driver’s license suspension for 45 to 90 days
  2. a waiting period of three days before you may apply for a hardship license (if you qualify)
  3. mandatory completion of an alcohol education program
  4. 1 years of probation
  5. $600 in fines and fees

If you caused no injuries or property damage while you were operating under the influence, ask your Woburn OUI lawyer if you qualify for a 24D Disposition.

How Will Your Attorney Defend You?

How will a Woburn OUI lawyer defend you if you are a first-time OUI offender? Defense strategies in operating under the influence cases depend on the details of the charge and the circumstances of the arrest.

In most cases, your OUI lawyer will ask the prosecutor to drop the charge or ask the court to dismiss the case. If the charge cannot be dropped and the case cannot be dismissed, your attorney may negotiate for a lesser charge and reduced or alternative sentencing.

What Defenses are Available in OUI Cases?

If you are not guilty of operating under the influence, and if the charge cannot be dropped or dismissed, in almost all cases, you should enter a not guilty plea and mount a zealous defense.  Your attorney will probably offer one of the following OUI defenses:

  1. Police officers had no probable cause or reasonable suspicion to pull you over in traffic.
  2. Police officers violated your rights while questioning, searching, or arresting you.
  3. The results of your breathalyzer exam were inaccurate.
  4. You were not operating the vehicle.
  5. You were not on a public way or a way in which the public has a right of access.
  6. You were not impaired.

If your operating under the influence case goes to trial, your attorney will cast doubt on the prosecution’s evidence and witnesses and explain to the jurors why you are not guilty of operating under the influence.

What Should You Do if the Police Arrest You?

If the police arrest you for OUI in Massachusetts, be courteous to the officers, and do not resist arrest or express any “attitude.” You will have an opportunity to explain to a judge, but do not try to explain anything to the police or argue with the arresting officer. 

While in police custody, you must exercise your Miranda rights – your right to stay silent and have an attorney represent you. If the police want to interrogate you, you can say, “I am exercising my right to stay silent until my attorney can be here,” and then say nothing else. You should also refuse any field sobriety tests or breath tests. 

Contact a Woburn OUI attorney at Contant Law as quickly as possible after an operating under the influence arrest. A prosecutor begins working on your OUI case immediately, so you must put your defense attorney on the case as soon as you can.

First OUI Offense? Call Contant Law

If you are facing an OUI charge for the first time, you must have the advice and representation that a Woburn criminal defense attorney provides. For more than twenty-seven years, attorney Michael A. Contant has successfully represented clients in OUI cases throughout Massachusetts.

At Contant Law, attorney Michael A. Contant leads a team of professionals committed to legal excellence and outstanding client service. In 2023, 2024 and 2025, he was recognized by Boston Magazine as a Top Lawyer in Massachusetts. He was honored as a “Superlawyer” by Thomson Reuters in 2024 and 2025.

Let us put our legal skills and experience to work on your behalf. Now or in the future, if you are facing an OUI charge for the first time, immediately schedule a no-cost, no-obligation case evaluation by calling the Woburn offices of Contant Law at 617-221-8221.