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.
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.