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Home / Blog

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  • Massachusetts dui penalty
    OUI/DUI

    What Is the Penalty for a DUI in Massachusetts?

    In Massachusetts, driving under the influence is commonly known as operating under the influence (OUI). So, what is a penalty for a DUI in Massachusetts?  No matter the name, a conviction of this offense can carry harsh penalties. What can you expect for your case? Here is an overview of the DUI/OUI penalties associated in…

    Read More What Is the Penalty for a DUI in Massachusetts?Continue

  • drunk driving charges
    OUI/DUI

    Everything You Need to Know About DUI Charges in Massachusetts

    If you have been arrested for a DUI, also known as OUI (operating under the influence) charges in Massachusetts, you already know this offense is a serious matter. When you have been arrested, you will want to understand the possible consequences of this criminal act. Here is everything you need to know about DUI charges…

    Read More Everything You Need to Know About DUI Charges in MassachusettsContinue

  • license after dui
    OUI/DUI

    Do You Lose Your License Immediately After a DUI in Massachusetts?

    Driving under the influence (DUI), also known as operating under the influence (OUI) in Massachusetts, comes with severe consequences. One repercussion is the suspension of your driver’s license. Do you lose your license immediately after a DUI in Massachusetts? The answer might surprise you. If you want to learn more about the consequences of a…

    Read More Do You Lose Your License Immediately After a DUI in Massachusetts?Continue

  • dui law
    OUI/DUI

    Massachusetts DUI Laws 2024 Guide

    Like any state, drunk driving is a serious offense in Massachusetts. If you are convicted of these crimes, you could face fines, jail time, and even a revocation of your driving privileges.  As we head into the new year, there haven’t been any changes to the current laws. However, you still will want to familiarize…

    Read More Massachusetts DUI Laws 2024 GuideContinue

  • drunk driving
    OUI/DUI

    What Are the Elements of OUI in Massachusetts?

    Anyone who has been arrested for operating under the influence already knows it is a serious offense. But what does the state have to prove to secure a conviction? There are specific key elements that prosecutors must prove. If they fail to establish a clear case, you might be able to walk away without a…

    Read More What Are the Elements of OUI in Massachusetts?Continue

  • commercial license oui
    OUI/DUI

    Get the Facts About OUI and Commercial Licenses in Massachusetts

    No one wants to face an operating under the influence (OUI) charge, especially as a commercial driver. These drivers must meet stricter regulations because of the risk with large, heavy vehicles. If you have been arrested and have a commercial license, your driving career could be in jeopardy. Here is what you need to know…

    Read More Get the Facts About OUI and Commercial Licenses in MassachusettsContinue

  • drinking problem
    OUI/DUI

    Driving on a Suspended License After an OUI Conviction in Massachusetts

    Many drivers may see their licenses suspended as a result of an Operating Under the Influence (OUI) conviction. When that happens, you cannot operate a vehicle. If you choose to ignore this penalty, it could lead to some serious consequences. Let’s look at a few implications of driving on a suspended license after an OUI…

    Read More Driving on a Suspended License After an OUI Conviction in MassachusettsContinue

  • prescription
    OUI/DUI

    Can You Get an OUI After Taking Prescription Drugs in Massachusetts?

    Operating Under the Influence (OUI) is associated with driving under the influence of alcohol. However, can you face an OUI after taking prescription drugs in Massachusetts? The answer is yes. You can face an OUI in Massachusetts for driving under the influence of prescription drugs. Here is why you need to be careful when taking…

    Read More Can You Get an OUI After Taking Prescription Drugs in Massachusetts?Continue

  • underage oui
    OUI/DUI

    Underage Drivers and OUI in Massachusetts

    While all Operating Under the Influence (OUI) infractions are serious, underage drivers could put themselves in serious jeopardy with the law. There are many ramifications for those convicted of an offense as an underage driver. Here is what you need to know about underage drivers and OUI in Massachusetts. Potential Impacts for Underage Drivers Like…

    Read More Underage Drivers and OUI in MassachusettsContinue

  • oui fines
    OUI/DUI

    How Much Are OUI Fines in Massachusetts?

    Operating under the influence jeopardizes your safety and others on the road. With an arrest, you could face a trial and the prospect of a conviction. Not only is jail time or probation possible, but you may have to pay hefty fines. This can often lead to financial hardship for you and your family. Learn…

    Read More How Much Are OUI Fines in Massachusetts?Continue

  • dui charges
    OUI/DUI

    How Do I Get Out of an OUI Charge in Massachusetts?

    Unfortunately, there is no single surefire way to have the charges reduced or dropped in your OUI case. However, there are a few steps that you can take to mitigate the consequences of these charges.  First, you will want to reach out to an experienced OUI attorney, like Joseph D. Bernard, to handle your case….

    Read More How Do I Get Out of an OUI Charge in Massachusetts?Continue

  • oui offense
    OUI/DUI

    What Are First Offense OUI Penalties in Massachusetts?

    While you may think that a first-time operating under the influence (OUI) offense is not too serious, it can still have long-term consequences for you. A first-time OUI offender can face severe legal repercussions, including hefty fines, suspension of their driving license, and the possibility of probation. Like most states, Massachusetts has a no-tolerance policy…

    Read More What Are First Offense OUI Penalties in Massachusetts?Continue

  • key for car
    OUI/DUI

    How Long Will My License Be Suspended for an OUI in Massachusetts?

    You will face serious consequences if you are found guilty of operating under the influence (OUI) in Massachusetts. Many times, your driving license may be suspended or revoked, so you will not be allowed to drive. However, the length of the suspension period will depend on several factors. If you are wondering how long your…

    Read More How Long Will My License Be Suspended for an OUI in Massachusetts?Continue

  • drunk driving
    OUI/DUI

    How to Get Your License Back After a Massachusetts OUI

    Operating under the influence (OUI) in Massachusetts can lead to severe consequences, such as having your driver’s license suspended or revoked. However, there is hope if you find yourself in this dilemma. You can get your license back after a Massachusetts OUI, but you will need plenty of patience and comply with a few legal…

    Read More How to Get Your License Back After a Massachusetts OUIContinue

  • dui lawyer
    OUI/DUI

    What Is the Cost of Hiring an OUI Lawyer in Massachusetts?

    After you have been charged with Operating Under the Influence (OUI) in Massachusetts, you might be concerned about the cost of retaining legal assistance. While you may think about representing yourself in the courtroom, that is never a wise option. You need a skilled and knowledgeable attorney on your side.  If you want to know…

    Read More What Is the Cost of Hiring an OUI Lawyer in Massachusetts?Continue

  • drunk driving
    OUI/DUI

    Massachusetts OUI and Out-of-State Offenses

    Being convicted of Operating Under the Influence (OUI) can have serious consequences, not just within the state where it happened but also across state borders. For Massachusetts residents facing OUI charges in other states or out-of-state individuals charged with OUI in Massachusetts, everyone needs to understand the implications of these charges.  Massachusetts Residents with Out-of-State…

    Read More Massachusetts OUI and Out-of-State OffensesContinue

  • dui/oui laws
    OUI/DUI

    Debunking Myths About OUI Charges in Cape Cod

    If you’re charged with Operating Under the Influence (OUI), it can result in severe consequences like license suspension, expensive fines, and even imprisonment. Unfortunately, many misconceptions and myths about OUI lead to confusion and wrong actions. Let’s debunk these false beliefs so that you can get the correct information about OUI charges in Cape Cod. …

    Read More Debunking Myths About OUI Charges in Cape CodContinue

  • oui cape cod
    OUI/DUI

    What Are the Differences Between OUI and BUI in Cape Cod?

    With the weather warming up, many Cape Cod residents may want to hit the waterways and enjoy a relaxing day with a few drinks. While boats and other vessels differ from motor vehicles, laws still prevent individuals from operating them while under the influence of alcohol or drugs.  Operating under the influence (OUI) and boating…

    Read More What Are the Differences Between OUI and BUI in Cape Cod?Continue

  • person sad with oui
    OUI/DUI

    What Are the Potential Consequences of OUI in Cape Cod?

    Every state considers driving under the influence (DUI) a serious offense, and Massachusetts is no different. Operating under the influence (OUI) is similar to a DUI, with profound legal implications that can affect your driving record and insurance rates in Cape Cod. If you have been charged with this offense, contact the skilled and knowledgeable…

    Read More What Are the Potential Consequences of OUI in Cape Cod?Continue

  • injured neck
    OUI/DUI

    Understanding the Consequences of OUI Causing Serious Bodily Injury in Massachusetts

    Operating under the influence (OUI) significantly affects your driving record, insurance premiums, and life. However, when you cause an accident as a result of an OUI, then there are other legal ramifications and consequences to consider. If your OUI resulted in an accident, here are a few points to know about potential issues with your…

    Read More Understanding the Consequences of OUI Causing Serious Bodily Injury in MassachusettsContinue

  • gavel next to laptop
    Court Hearing | OUI/DUI

    Commonwealth v. Hallinan: SJC Decision

    On April 26, 2023, the Supreme Judicial Court (SJC) rendered a critical decision impacting thousands of individuals in Massachusetts whose operating under the influence (OUI) convictions were based upon the use of faulty breath test results. The statewide Ananias litigation began in 2015, challenging the scientific reliability of breath test machines throughout Massachusetts. The decision…

    Read More Commonwealth v. Hallinan: SJC DecisionContinue

  • person struggling with alcohol
    OUI/DUI

    What You Need to Know About Field Sobriety Tests in Massachusetts

    When a law enforcement officer pulls over a driver for operating under the influence (OUI), a field sobriety test may take place. These roadside assessments occur when the officer reasonably suspects the driver is under the influence. Learn about the basics of field sobriety tests in the Commonwealth of Massachusetts so that you can become…

    Read More What You Need to Know About Field Sobriety Tests in MassachusettsContinue

  • image of weed
    OUI/DUI

    Can I Be Charged with an OUI in Massachusetts for Driving While Under the Influence of Marijuana?

    The state of Massachusetts was one of the first to legalize possession and use of recreational marijuana. In fact, people can have up to 10 ounces in their possession without any penalty. However, it remains illegal to operate a vehicle under the influence of Marijuana. In Massachusetts, operating while impaired, which is called an OUI,…

    Read More Can I Be Charged with an OUI in Massachusetts for Driving While Under the Influence of Marijuana?Continue

  • shots and driving
    OUI/DUI

    What To Do When Being Pulled Over for an OUI in Massachusetts

    Drunk driving – or driving while otherwise impaired – is a serious charge which carries severe penalties. These penalties can affect your life for years, even a lifetime, so it’s important to be proactive from the moment you are pulled over to mitigate the impact that a potential OUI charge can have. Before getting pulled…

    Read More What To Do When Being Pulled Over for an OUI in MassachusettsContinue

  • pulled over
    OUI/DUI

    Applying for a Hardship License After an OUI in Massachusetts

    A license suspension can have a huge and devastating impact on your life. For most Americans, being unable to drive a car means that they have no means of getting to work, transporting their children, and attending medical appointments. However, there is recourse if your license was suspended, and you may be able to drive…

    Read More Applying for a Hardship License After an OUI in MassachusettsContinue

  • caught drunk driving
    OUI/DUI

    What Happens If I Refuse a Breathalyzer Test in Massachusetts?

    Traditionally, when an officer pulls a driver over due to suspected impairment, they ask the driver whether or not they want to be subject to certain tests. It might seem like if an officer pulls you over on a suspected OUI and asks you to take a breathalyzer, that you have the right to refuse….

    Read More What Happens If I Refuse a Breathalyzer Test in Massachusetts?Continue

  • cahill disposition massachusetts
    OUI/DUI

    What’s a 24D Disposition? What’s a Cahill Disposition?

    Massachusetts is notoriously hard on OUI charges, imposing harsh penalties with a lifelong impact in many cases. For example, a first OUI offense could leave you with a fine of up to $5,300, a prison sentence of up to two and a half years, and a license suspension of up to one year.  The penalties…

    Read More What’s a 24D Disposition? What’s a Cahill Disposition?Continue

  • money next to glass of whiskey and handcuffs
    OUI/DUI

    The Ultimate Guide to OUI Penalties in Massachusetts

    Massachusetts treats OUI charges very seriously and imposes harsh penalties that can impact you for the rest of your life. The penalties get increasingly more serious for subsequent offenses, and the state doesn’t leave much room for second chances. These penalties can result in costly fines, driver’s license suspension or revocation, and even a jail…

    Read More The Ultimate Guide to OUI Penalties in MassachusettsContinue

  • drinking and driving
    OUI/DUI

    What’s the Difference Between an OUI, a DUI, and a DWI in Massachusetts?

    When discussing driving while impaired, people tend to throw a lot of terms around, including OUI, DUI, and DWI. In essence, there are a lot of acronyms used to describe the same type of crime, sometimes slightly distinct from each other. They almost always, anywhere in the country, refer to the act of driving or…

    Read More What’s the Difference Between an OUI, a DUI, and a DWI in Massachusetts?Continue

  • gavel and books
    Court Hearing

    Massachusetts’ Highest Court Heard Arguments in an Influential Breathalyzer Case Which Could Affect OUI Charges Across the State

    The Supreme Judicial Court of Massachusetts heard arguments on December 8th of 2022 in Commonwealth v. Lindsay A. Hallinan. Hallinan, facing OUI charges back in 2013, “admitted to sufficient facts” in a Salem District Court. In doing so Hallinan agreed that the prosecution had sufficient evidence to prove Hallinan’s guilt. In essence, admitting to sufficient…

    Read More Massachusetts’ Highest Court Heard Arguments in an Influential Breathalyzer Case Which Could Affect OUI Charges Across the StateContinue

  • caught drunk driving
    OUI/DUI

    Is an OUI a Felony in Massachusetts?

    If you have been charged with Operating Under the Influence (an OUI) in Massachusetts, you may be scared for your future. While an OUI charge can be a misdemeanor or felony, this charge can follow you for the rest of your life. Massachusetts law is one of the strictest in the United States when it…

    Read More Is an OUI a Felony in Massachusetts?Continue

  • highway lines
    Uncategorized

    Common v. Larose: A Fog Line Constitutes A Marked Lane

    After much debate within the district courts, on October 10, 2019, the Supreme Judicial Court announced that a fog line constitutes a marked lane for the purposes of motor vehicle stop for a marked lanes violation in accordance with G. L. c. 89, § 4A, a civil motor vehicle infraction. In Commonwealth v. Larose, the Court analyzed…

    Read More Common v. Larose: A Fog Line Constitutes A Marked LaneContinue

  • traffic stop by police
    Uncategorized

    Update on Glover: Massachusetts Upholds Reasonable Suspicion in Traffic Stop

    On June 8, 2020 the Massachusetts Appeals Court issued a decision that upholds the SJC’sprevious ruling that, absent information that the driver is not the owner, police have reasonable suspicion to stop a vehicle registered to an owner who does not have a valid driver’s license. This new decision also aligns with the recent Supreme…

    Read More Update on Glover: Massachusetts Upholds Reasonable Suspicion in Traffic StopContinue

  • village in snow
    Uncategorized

    Is this winter tradition off limits for those with a suspended license?

    A popular New England winter activity that many of us have participated in at one time or another is riding snowmobiles. Whether it is on a trail or your backyard, with friends and family or even just by yourself, it can be a great way to spend a snowy day. But what happens if your…

    Read More Is this winter tradition off limits for those with a suspended license?Continue

  • court house during the daytime
    Criminal law

    Lange v. California: “Hot Pursuit” and the 4th Amendment

    On June 22, 2021, the Supreme Court of the United States handed down its decision in Lange v. California, where the Court examined the Fourth Amendment and the so-called “hot pursuit” doctrine. Specifically, the Supreme Court was asked whether a police officer’s pursuit of a person who has committed a misdemeanor categorically qualifies as an exigent…

    Read More Lange v. California: “Hot Pursuit” and the 4th AmendmentContinue

  • river walk pathway with bridge in the distant
    Criminal law

    Can I Operate a Motorized Bike with a Suspended License?

    When someone hears that they are facing a license suspension, one of the first worries is, “How am I going to get to work?” Even a 30-day license suspension for failing a breath test can put someone into a difficult situation. While rides from friends and family, Uber or a cab are options, many look for options…

    Read More Can I Operate a Motorized Bike with a Suspended License?Continue

  • gavel next to books
    Criminal law

    Commonwealth v. Larose: A Fog Line Constitutes A Marked Lane

    After much debate within the district courts, on October 10, 2019, the Supreme Judicial Court announced that a fog line constitutes a marked lane for the purposes of motor vehicle stop for a marked lanes violation in accordance with G. L. c. 89, § 4A, a civil motor vehicle infraction. In Commonwealth v. Larose, the Court analyzed…

    Read More Commonwealth v. Larose: A Fog Line Constitutes A Marked LaneContinue

  • covid molecule
    Criminal law

    What Could COVID-19 Mean for Your OUI Case in Massachusetts?

    If you are facing an OUI charge, your day in court is an opportunity to fight for your rights and to secure the best possible outcome for yourself and your family. In these uncertain times amid the COVID-19 pandemic, this has never been more important. If you have a current open OUI case or if…

    Read More What Could COVID-19 Mean for Your OUI Case in Massachusetts?Continue

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  • Home
  • OUI/DUI
    • Hiring a Lawyer
    • The Court Process
      • Citation for OUI/DUI
      • DUI Arrests
      • Do’s and Don’ts of the Defense Process
    • OUI/DUI Basics
      • Methods of Prosecuting an OUI
      • Elements of an OUI/DUI Charge
      • BAC & Impairment
      • Breath Test
      • Blood Test
      • Field Sobriety Tests
      • Checkpoints
    • OUI/DUI Offenses & Penalties
      • OUI Penalties
      • First Time OUI/DUI
      • Felony OUI/DUI
      • OUI & Drugs
      • OUI/DUI with Injury
      • OUI with Child Endangerment
      • Underage DUI/OUI
      • Out of State OUI/DUI/DWI
    • Other Driving Offenses
      • Leaving the Scene
      • Negligent Operation
      • Vehicular Manslaughter
      • Operating on a Suspended License
    • Prior Convictions
      • Lifetime Lookback
      • Motion to Vacate
  • Breath Test Notices
    • Unreliable Breath Tests
    • Vacating Your Breath Test Conviction
  • RMV
    • Breath Test Failure & Refusal
    • Criminal OUI/DUI Suspensions
    • Habitual Traffic Offender Suspension
    • Hardship License Hearings
    • Immediate Threat Suspension
    • Appealing Your License Suspension
    • Ignition Interlock Device
    • Out of State License Suspension
    • Commerical Driver’s License
  • About Us
    • Joseph D. Bernard
    • Dean M. Whalen
    • Robert S. Murphy III
    • Stephen R. Streeter
    • Julianna Iwasinski
    • Josie Moriarty
    • Nyah Rodriguez
    • Joseph Boyington
    • Natalie Kakule
  • Areas We Serve
    • Berkshire County
    • Bristol County
    • Cape Cod- Barnstable County
    • Dukes County
    • Essex County
    • Franklin County
    • Hampden County
    • Hampshire County
    • Middlesex County
    • Nantucket County
    • Norfolk County
    • Plymouth County
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