OUI Defense Attorney Massachusetts

Second, third, and subsequent OUI offenses carry mandatory minimum jail sentences, longer license suspensions, ignition interlock requirements, and — at the third offense — felony charges. The Cahill Disposition may be available for second-offense clients whose prior is more than ten years old.

Having a child under 14 in the vehicle, causing serious bodily injury, or recording a BAC of .20% or above each carry enhanced penalties beyond a standard OUI charge. These factors can add separate criminal charges and significantly affect sentencing.

We know you are already thinking about what happens next — your license, your job, your record. Those concerns are valid, and we will not minimize them.
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An OUI conviction in Massachusetts means a criminal record, mandatory license suspension, fines, and in most cases some form of alcohol education or treatment. Second and subsequent offenses carry mandatory minimum jail sentences. Felony exposure begins at the third offense.
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Beyond the criminal penalties: insurance rates rise sharply, professional licenses can be affected, and immigration consequences apply for non-citizens. The specific penalties for your situation depend on your offense history — see the links above for details by offense level.
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Outcomes vary significantly depending on the evidence, the circumstances of the stop, and the defense strategy. Not every OUI charge results in conviction — and not every conviction results in the maximum penalty. That is why early, experienced representation matters.

Right now it may feel like the evidence is overwhelming. It often is not. OUI cases involve complex constitutional, scientific, and procedural issues — and every one of those is a potential defense.

Police must have reasonable suspicion to pull you over. If the stop was unlawful, everything that followed — the field sobriety tests, the breathalyzer, the arrest — may be suppressed.

Standard field sobriety tests are affected by fatigue, medical conditions, footwear, uneven road surfaces, and weather. Performance on these tests is not objective proof of impairment, and results can be challenged.

Breathalyzers require proper calibration, maintenance, and administration. Errors in any of these areas can be challenged. In Massachusetts, the Draeger Alcotest 9510 has been the subject of significant litigation over its reliability and the certification of the testing program.

Blood alcohol rises for a period after you stop drinking. Your level at the time of driving may have been below .08% even if the test administered later showed higher. This is a recognized defense in Massachusetts courts.

Certain medical conditions — GERD, diabetes, acid reflux — can produce false positives on breath tests. Other conditions affect how the body processes alcohol. We work with medical experts when relevant to the defense.

Every case turns on its specific facts. Call (978) 705-4537 to discuss yours.

Take a breath. Here is what you need to do right now.

● Don't talk to police without a lawyer present — you have the absolute right to remain silent
● Note the 30-day RMV deadline — you have 30 days from your arrest to request a hearing to challenge your administrative license suspension; missing this deadline can cost you your license before the criminal case even starts
● Don't discuss your case with anyone except your attorney — conversations with family or friends are not privileged
● Preserve any evidence — receipts, text messages, witness names, anything that documents your evening
● Don't post anything about your case on social media — prosecutors monitor social media and will use it
● Write down everything you remember while it is fresh — details fade quickly
● Follow all court orders and conditions of release — violations cause immediate harm to your case
● Contact an experienced Massachusetts OUI defense attorney immediately — early action on the RMV hearing can protect your license

‍Call (978) 705-4537 — we answer 24/7.