Massachusetts OUI Charges

Don’t hesitate! If you are facing an OUI charge, call us at (617) 903-3675 or contact us. Massachusetts employs some of the strictest OUI laws in the nation. If you are charged with drunk driving or driving under the influence of a controlled substance, you should hire an attorney immediately to understand your options. An OUI is a criminal offense, and you could face harsh penalties if convicted.

Operating Under the Influence (OUI) refers to the act of operating a motor vehicle while your mental or physical functions are impaired by alcohol, drugs, or other substances. You’ll hear and see OUI, DUI (Driving Under the Influence), and DWI (Driving While Intoxicated) used interchangeably when referring to driving while impaired. In Massachusetts, they all describe the same criminal offense, however and the official term used is OUI. 

 In Massachusetts, you are prohibited from operating a motor vehicle if:

• Your blood alcohol level (BAC) is greater than %.08.
• You are under the influence of marijuana, narcotics, intoxicating vapors, or other drugs.

There is no set penalty for an OUI. The nature of the offense determines the severity and nature of the punishment. However, all OUI convictions lead to a Registry of Motor Vehicles license suspension and remain on the defendants driving record permanently. If not defended skillfully and aggressively, some cases can result in jail time.

Possible Penalties for OUI in Massachusetts Include:

• First Offense – Maximum of 2.5 years in jail, $5,000 in fines, and 1- year license suspension
• Second Offense – Maximum of 2.5 years in jail (mandatory 30-day sentence), $10,000 in fines, and 2-year license suspension
• Third Offense – Maximum of 5 years in jail (mandatory minimum 150 days), $15,000 in fines, 8-year license suspension, required installation of Ignition Interlock Device, Felony conviction

Implementation of Melanie’s Law

With the passage of Melanie’s Law in 2005, the state has put large emphasis on punishing those who are found guilty of OUI. Melanie’s law has lead to:

• Increased license suspension time for breathalyzer refusals
• Increased waiting periods for hardship licenses
• Increased penalties for subsequent offense DUI convictions (by imposing a requirement that those convicted of a second offense or higher have an ignition interlock installed in all vehicles they drive).

Consequences of Refusing A Breathalyzer Test in Massachusetts

A breathalyzer test estimates blood alcohol content (BAC) from a breath sample. If an individual refuses to take a breathalyzer test the Registry of Motor Vehicles will automatically suspend the defendant’s license for 180 days under the state’s “implied consent” law, which means you automatically consent to testing when you drive with a license. 

This suspension is a mandatory, separate penalty from the DUI charge and will occur regardless of the outcome of the case. You will likely still face an OUI charge based on other evidence, such as your driving, appearance, or the smell of alcohol. 

The length of the suspension due to a breathalyzer refusal will depend on the defendant’s age, driving history and whether they have any prior OUI offenses or refusals. 

For drivers aged 21 and over:

• No prior OUI offenses: 180-day suspension
• One prior OUI offense: Three-year suspension
• Two prior OUI offenses: Five-year suspension
• Three or more prior OUI offenses: Lifetime suspension

For drivers between the ages 18 and 21:

• No prior OUI offenses: Three years plus 180 days suspension
• One prior OUI offense: Three years plus 180 days suspension
• Two prior OUI offenses: Five years plus 180 days suspension
• Three or more prior OUI offenses: Lifetime suspension

For drivers under the age of 18:

• No prior OUI offenses: four-year suspension
• One prior OUI offense: four-year suspension
• Two prior OUI offenses: six-year suspension
• Three or more prior OUI offenses: Lifetime suspension

We understand that it is often during extremely stressful situations that individuals turn to hire legal counsel. Our firm’s goal is to provide the highest quality of legal representation during difficult times, while trying to mitigate the stress factors that inevitably come with all legal experiences.

The Law Office of Nicholas P. Frye does not charge for introductory phone calls or initial consultations.

Our attorneys have extensive training and experience defending against complex criminal matters including homicides, sex offenses, and firearm offenses. These cases require years of education and first-hand experience in areas of criminal defense that most lawyers are not equipped with. These specialized areas include DNA Comparison/Analysis, Ballistics evidence, Fingerprint Analysis, Forensic Psychology, Accident Reconstruction, Digital Media Enhancement, Utilization of Expert Witnesses, and more.

We bring the same high standard of training and expertise to the defense of the more common criminal charges in society such as OUI/DUI charges, Accusations of Domestic Violence, Drug Offenses, and Restraining Orders. When charged with one of these types of offenses, you are better represented by lawyers versed in the complexities of criminal defense, as opposed to the self-proclaimed “OUI Specialists” or “Expert Drunk Driving Defense Lawyers” who read from a script out of some Drunk Driving Defense manual. Every case is unique and you need a lawyer that knows how to attack the issues in YOUR case.

This firm has a well-established history of success in defending OUI/DUI/Drunk Driving Charges. We have this reputation of success because we treat every case like its own unique case and defend these charges with the same dedication and attention we bring to the defense of those more complex criminal cases. We are NOT self-proclaimed “OUI Specialists”. We are Criminal Defense Specialists with decades of results to verify our expertise.

If you are accused of crime in Massachusetts or New Hampshire, no matter what the charge is, we are ready to defend you.

Please do not hesitate to contact us or call us at (617) 903-3675. We will listen to your unique concerns and circumstances; our goal is to tailor our representation to you, as an individual.

Law Office of Nicholas P. Frye can zealously represent you in many counties and courts throughout the Commonwealth of Massachusetts and the State of New Hampshire.

(617) 903-3675

Massachusetts:
Suffolk, Middlesex, Hampden, Worcester, Essex, Norfolk, Barnstable, Bristol, Plymouth

New Hampshire:
Belknap, Carroll, Cheshire, Cöos, Grafton, Hillsborough, Merrimack, Rockingham, Strafford, Sullivan

Massachusetts:
Suffolk Superior, Middlesex Superior, Worcester Superior, Hampton Superior, Bristol Superior, Barnstable Superior, Norfolk Superior, Essex Superior, Boston Municipal Courts, Somerville District, Cambridge District, Malden District, Marlborough District, Newton District

New Hampshire:
Laconia District, Belknap Superior, Concord District, Merrimack County Superior, Salem District, Rockingham County Superior, Plymouth District, Plymouth County Superior, Portsmouth District