First Time OUI/DUI Serving Clients From The Berkshires to Boston

OUI/DUI - First Offense

Dedicated OUI Attorney in Massachusetts

Operating under the influence (OUI) is a criminal offense in the Commonwealth of Massachusetts. Even a first-time offender will be judged strictly under the laws of the state. If you are stopped due to suspicion of driving under the influence (DUI) or driving while intoxicated (DWI), the officer will ask you to consent to a breathalyzer test to determine your blood alcohol concentration (BAC). The BAC levels are different for drivers under the age of 21 and driver over the age of 21, but if you are convicted of driving with a BAC above the legal limit or if a blood or breath test confirms you were driving under the influence of a controlled substance, you will receive a permanent citation on your driving record, and may face the following penalties:

Driver Under the Age of 21

  • Minimum loss of license for 210 days
  • Additional loss of license for 180 days
  • Required enrollment in alcohol treatment program for drivers between the ages of 17 and 21

Driver Age 21 or Older

  • License suspension of 1 year
  • Fines of $500 to $5,000
  • Community service
  • Required enrollment in a substance abuse treatment program
  • Jail sentence of up to 2 ½ years

Alternative disposition: 24D program

Massachusetts offers what is known as a 24D disposition as a possible more favorable alternative to the other penalties associated with a First Offense OUI. The disposition requires you to take part of an alcohol education program for 32 to 40 hours of classes and group therapy, roughly about sixteen (16) weeks or four (4) months. In return, your license suspension will be reduced to only 45-90 days. You also become eligible to apply for a hardship license as soon as you enroll in a program. While it may seem to be more work than it’s worth, for many individuals it’s a much better alternative to one-year license suspension with no possibility of a hardship for the first three (3) months.

Continuance Without a Finding

A Continuance without a finding commonly referred to as a CWOF, is a common disposition that a court may impose for a First Offense OUI. Essentially the individual admits that the prosecution has “sufficient facts” to prove the crime alleged. In return for this admission, the court places the individual on probation for a period of time. Conditions of probation are set, and once the individual meets these conditions and successfully makes it through the time period, the case is dismissed as a matter of law. The conditions of probation are often a 24D program for First Offenses.

Call Our Massachusetts Lawyers for First Time DUI Cases

If you have been charged with an OUI, you need the representation of a Massachusetts DUI lawyer. Our firm has defended countless clients against OUI charges, and we may be able to fight for you. We have dedicated a large part of our practice to defending clients just like you, and we are committed to providing clients with the detailed attention that is necessary for success. We can help you determine your best defense strategy and guide you through the legal process. The law is harsh, but we are ready to stand up for your rights before the court. When your personal freedoms are at risk, choose the representation of an experienced attorney you can trust.

If you are a first time offender, contact a Massachusetts OUI attorney to ensure your rights are protected.

Lawyers Who Provide a Scientific Defense

  • Trained Breath Test Machine Operator

    Attorney Joseph D. Bernard is the only lawyer in Massachusetts to have completed the breath test training conducted by the state police.

  • Certified Field Sobriety Test Administers

    Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.

  • Former Assistant District Attorney

    We understand OUI cases from both sides of the fence and know exactly how to defend our clients.

  • Unique Certification & Expertise

    Attorney Joseph Bernard is the only lawyer in Massachusetts to be certified by the internationally acclaimed Borkenstein drug and alcohol courses. Attorney Bernard is also the only lawyer in Massachusetts who is a member of the American Chemical Society.

Meet The Law Offices of Joseph D. Bernard P.C.

The Pinnacle of Drunk Driving Defense

Client Reviews

See How We've Helped Other People in Your Shoes
    This is the man you want in your corner.

    “I'm here to tell you as someone who went through it and knows how scary it is when you are facing that black hole and approaching the event horizon and realize that you are about to lose everything you ever knew and fought for, this is the man you want.”

    - Former Client
    He truly is a top of the line attorney.

    “Listen to Atty Bernard when he gives the advice. His staff was great. Thank you, Joe, and keep up the good work.”

    - Avvo User
    Joe is well known and respected in the courtroom.

    “Joe is very knowledgeable and experienced with MA DUI laws. We worked well together to come up with the best solution for my case. The outcome was what I was hoping for and could not be more pleased.”

    - Former Client
    They kept me informed step by step.

    “I was extremely confident with the representation of the firm. Their rates are reasonable, their professional and they not only handled one state but two. They clearly knew the law and I would gladly use them again if I needed it.”

    - Former Client
    I always felt respected and part of the team.

    “I was very pleased with the expertise and professionalism with which Attorney Joe Bernard managed my case. It quickly became clear to me that he has the experience and respect of his peers necessary for effective litigation. I’ll always be grateful.”

    - Avvo User

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