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This particular question is asked a great deal, and although the statute has a maximum penalty of 2 1/2 years unless they involve serious injury or death, even in the worst-case scenario, the first offender generally never goes to jail.
A first-offense Operating Under the Influence (OUI) charge in Massachusetts is governed primarily by G.L. c. 90, § 24.
Although a first offense is generally treated less harshly than subsequent OUI offenses, the consequences can be substantial, particularly with respect to potential incarceration, driver’s license suspension, probation, and insurance consequences. If the defendant accepts responsibility, the District Attorney’s Office is across the Commonwealth typically offers an alternative disposition under G.L. c. 90, § 24D.
1. Criminal penalties
Under G.L. c. 90, § 24(1)(a)(1), a first-offense OUI carries:
- Possible Incarceration: Up to 2½ years in a House of Correction.
- Fine: $500 to $5,000.
- Probation: May be imposed depending on the disposition.
- Alcohol education: May be required as part of the disposition.
Although incarceration is legally authorized, a first offender who has no significant criminal history will often be considered for an alternative disposition under § 24D.
2. The 24D disposition
One of the most common resolutions for a first-time OUI is a disposition under G.L. c. 90, § 24D.
Generally, the defendant receives:
- A continuance without a finding (CWOF), rather than an immediate conviction.
- Probation for up to two years.
- Completion of a state-approved Driver Alcohol Education Program.
- A driver’s license suspension of 45 to 90 days for an adult.
- Possible additional substance-abuse treatment if ordered by the court.
- If the defendant successfully completes probation and the required conditions, the case can ultimately be dismissed.
Importantly, a § 24D disposition is not the same as an acquittal. It is a court-assigned disposition with significant collateral consequences. Eventually, if the individual completes the 24D dispositional conditions, the case will be dismissed as a matter of law. One should be aware that despite the case being dismissed pursuant to § 24D and participation in the Massachusetts impaired driver program, they will always be considered a second offender if ever arrested again.
3. Driver’s license consequences
It is important to recognize that with any first offense, the citizen is dealing with two separate types of suspensions. The first is under the implied consent law, which mandates a 30-day license loss if the citizen takes the breath test and fails, or a six-month suspension if the citizen refuses the breath test. Disposition of the criminal case has its own separate penalties. These penalties could be as low as 45 days or up to a year.
How can I beat an OUI charge in Massachusetts?
Being charged with an OUI offense in Massachusetts is serious, and anyone facing this charge should explore all possibilities of having the case dismissed or securing a “not guilty” verdict at trial. There are numerous ways to defend an OUI case.
One of the first things I advise my clients is to be patient. Exploring all options can be a lengthy process, as we often await discovery. The primary avenues of defense involve investigating potential pretrial motions to dismiss or suppress evidence. Depending on the circumstances of the case, issues involving the police investigation, searches, seizures, impoundment, and other constitutional or statutory violations may provide grounds for litigation. Sometimes, weakening the Commonwealth’s case through a successful motion to suppress can lead to favorable negotiations for dismissal. Other times, it can significantly strengthen our position if the case proceeds to trial.
Going to trial on an OUI case is a very complicated process that involves a variety of different defenses. OUI cases often present some of the most unique factual circumstances within the criminal justice system. My office utilizes experts to testify on a range of issues, including, but not limited to: vertigo, toxicology, methodologies surrounding breath-test implementation, breath-test calibration, closed-head injuries, and many more. Expert testimony can be an excellent way to educate the jury on how certain medical difficulties can mimic the signs and symptoms of being under the influence.
Hiring an investigator and speaking with potential witnesses is often extremely helpful. This provides a preview of what a witness might say and helps us determine if their testimony could be harmful. Additionally, an investigator can be an excellent resource for obtaining additional video or photographic evidence.
Understanding the science behind the breath-test machine is also crucial for effective cross-examination of the Commonwealth’s witnesses. Many times, breath-test machines are not working properly, or the breath test was not administered according to the policies and protocols implemented by the Office of Alcohol Testing.
Another great source for cross-examination is a complete understanding of the standardized field sobriety tests.
Do I need a lawyer for a DUI in Massachusetts?
Having an experienced attorney represent you in a Massachusetts drunk-driving (OUI) case is extremely important. Even if you ultimately decide to accept responsibility, it is essential to understand the legal process, your rights, and whether every available defense has been thoroughly explored before making that decision. In our office, we often say that to make an informed decision, we have to leave no stone unturned.
Too often, individuals resolve their cases with an uneasy feeling that they never fully understood what happened, what evidence the Commonwealth had against them, or whether there was a realistic opportunity to successfully defend the charges. The process can wear people down, but it is crucial that all the evidence needs to be examined. Decisions made without the totality of all the evidence will often times be regretted.
The decision to proceed to trial or accept a negotiated plea is one of the most important decisions you will make. It requires a careful assessment of the evidence, the potential defenses, the likelihood of success at trial, and the consequences of each possible outcome. The insight that a lawyer who has tried drunk driving cases before is the real and only way the nuances and subtleties of defenses can be explored to their full potential. It is crucial that the client makes certain that the particular lawyer has gone to trial and is experienced enough to provide the appropriate guidance and counsel.
Can I get a hardship (work) license after a DUI in MA?
For a first offense, an individual may be eligible to obtain a hardship license following certain court-ordered suspensions. However, it is crucial to understand that a suspension based on the implied-consent law, which pertains to refusing a breath test, is separate from the criminal OUI suspension and has its own requirements and consequences.
Because eligibility for a hardship license depends on the specific suspension and the individual’s circumstances, it is important to determine which suspension applies before assuming that a hardship license is available. In order to obtain a hardship license, a hearing before the Registry of Motor Vehicles is mandated. Specific documents must be provided in order to convince the registry hearing officer that the citizen qualifies for the hardship license. This is a discretionary decision by the hearings officer, but with the appropriate documentation and guidance, first-time offenders are often provided a hardship license.
A hardship license generally provides a 12-hour window for the citizen to get back back-and-forth to work. It should not be confused with the 12-hour window mandate that the individual is going back and forth to work. It is simply a time restriction that applies throughout the entire week whether or not the individual is going or coming from work.
Will I go to jail for a DUI in Massachusetts?
The answer to that question is complex. While it is generally unlikely for first-time offenders to receive a jail sentence, the maximum penalty for an OUI is two and a half years in the House of Correction. The severity of the case and whether there are injured parties will dictate the court’s sentencing.
First- and second-time offenders often qualify for a probationary period with a rehabilitation component pursuant to G.L. c. 90, § 24D.
While probation and rehabilitation are frequent outcomes for these offenses, a jail sentence is possible depending on the case’s severity. Therefore, going to jail for a drunk-driving case is a possibility, though not a probability.
The potential for incarceration is certainly an important consideration; however, the individual should also be aware that significant license-related penalties may result.