Facing an OUI in Massachusetts? Here’s What You Need to Know

Getting arrested for Operating Under the Influence (OUI) in Massachusetts can feel overwhelming. In a matter of minutes, your license, your job, and your reputation may suddenly be at risk. At Lake Shore Legal, we help people every day who are facing OUI charges, and we know how stressful this situation can be. The good news: with the right legal strategy, there are ways to fight back.

Understanding OUI Charges in Massachusetts

In Massachusetts, it’s illegal to drive with a blood alcohol content (BAC) of .08% or higher. For drivers under 21, the limit is just .02%. You can also be charged if police claim you were “impaired” by alcohol, marijuana, or another substance—even if your BAC is below the legal limit.

The Consequences of an OUI Charge

An OUI charge isn’t just a traffic ticket. It’s a criminal case, and the consequences can be serious:

• First Offense: Fines, probation, alcohol education classes, and loss of your license.

• Second Offense: Longer license suspensions, mandatory installation of an ignition interlock device, and possible jail time.

• Third or More: Felony charges, years without a license, and significant jail or prison time.

  
  

Even beyond the court penalties, an OUI can lead to higher insurance costs, issues at work, and a permanent criminal record.

How People Defend Against OUI Charges

Not every OUI arrest leads to a conviction. There are many ways to challenge the case against you, including:

Legal Stop

Was the stop legal? Police need a valid reason to pull you over. If they didn’t have one, the case may fall apart.

Fairness of Tests

Were the field sobriety tests fair? These roadside tests are highly subjective. Medical issues, fatigue, or even bad weather can affect how you look to an officer.

Breath Test Accuracy

Was the breath test accurate? Breathalyzer machines must be properly maintained and used. Problems with these machines have led to thousands of results being thrown out in Massachusetts.

Respecting Rights

Were your rights respected? If police made mistakes, certain evidence may not be allowed in court.

How Lake Shore Legal Can Help

At Lake Shore Legal, we know OUI cases inside and out. Our team carefully reviews every detail—from the traffic stop to the breath test—to find weaknesses in the prosecution’s case. Sometimes that means negotiating a fair outcome that protects your record and license. Other times, it means taking the case to trial and fighting for a not-guilty verdict.

Most importantly, you don’t have to go through this alone. Having an experienced attorney by your side can make all the difference in protecting your future.

Frequently Asked Questions About OUI in Massachusetts

Will I lose my license if I’m charged with OUI? Yes, in most cases your license will be suspended right away if you refuse a breath test or if you fail it. The length of suspension depends on your record and the circumstances. An attorney can help you explore options for getting your license back sooner.

Do I need a lawyer for a first offense? Absolutely. Even a first offense leaves you with a permanent criminal record, and mistakes made early in the case can affect your future. A lawyer can often negotiate alternative dispositions or challenge the evidence in ways you cannot do on your own.

Can OUI charges be reduced or dismissed? Yes, depending on the facts of your case. Problems with the stop, the arrest, or the breath test could lead to reduced charges—or even a dismissal. Every case is different, and an experienced attorney can spot opportunities you might not know exist.

What if I refused the breath test? Refusing a breath test means an automatic license suspension, but it also means prosecutors will have less evidence against you in court. This is a complex issue where having a lawyer is especially important.

Protecting Your Future

If you’ve been charged with an OUI in Massachusetts, call Lake Shore Legal today for a confidential consultation. The sooner you act, the better your chances of protecting your license, your record, and your future.

Remember, navigating the legal system can be daunting. With the right support, you can find a path forward. Don't hesitate to reach out for help.