FIRST TIME OFFENDERS

In Massachusetts, you can be charged with Operating Under the Influence (OUI) of alcohol if you are at least 21 years of age and your blood-alcohol content (BAC) is .08% or greater. For drivers under the age of 21, the limit is .02%. To learn more about blood-alcohol content, go to our FAQ page.

As a result of harsh drunk driving laws, a person convicted of a first OUI offense in Massachusetts faces stiff penalties - a maximum two-and-a-half year jail term, $5,000 fine, and one-year loss of his or her driver's license at their Registry of Motor Vehicles (RMV) Hearing. A Hardship License (for school or work) is considered after three months, while other hidden costs can last a lifetime.

First time offenders are often handled as "alternative disposition" probation plea bargains (known as the 24D Program), but you must participate in a mandatory drug-alcohol education program. Your license will then be suspended for 30 days (210 days for drivers under 21).

More information about the 24D Program can be found on our FAQ page.

If you refused a breath test, or are under 21 years old, the penalties are even more severe.

Are You Really a First Time Offender?

When counting Massachusetts DUI offenses, it usually does not matter how old they are. Massachusetts law allows for a "lifetime look-back" which means that the court may consider prior DUI/OUI offenses - whether the convictions were in Massachusetts or out-of-state - when assessing a penalty at sentencing. This means that any conviction on a drunk driving charge from years ago may cause you to be considered a repeat offender, instead of the first time offender status you were expecting.

There is a Big Difference Between Being Charged With Drunk Driving And Being Convicted of Drunk Driving

Good, law-abiding citizens are charged with OUI/DUI every day - doctors, lawyers, engineers, accountants, construction workers, politicians, soccer moms, and even students. Most aren't used to being referred to as a "defendant" or seeing their names on criminal complaints. What most forget, however, is that being charged with an OUI/DUI is far from being guilty of the same crime. Police officers are not perfect, and their mistakes and procedural errors are common in Massachusetts.

The burden of proof rests with the Commonwealth (through the District Attorney's Office) to prove each element of the crime, beyond a reasonable doubt.

Massachusetts OUI cases are not cut and dry. You may feel that you have already been proven guilty because you "blew over" the legal limit, but your rights are still protected under the Massachusetts Declaration of Rights.

An Independent Investigation and Detail-Oriented Defense

Our DUI Defense Attorneys perform an independent investigation of your case, examining all aspects of the events leading up to the arrest and the arrest itself. That involves our seeking answers to various questions, including:

Was the initial police stop justified?
Were you stopped by the police because the officer saw you swerve? If so, did you swerve to miss an object on the road? Was your swerving within the painted lines of your own lane?
Did the police notice bloodshot eyes? Were you tired or were your contact lenses bothering you?
Were the field sobriety tests properly administered?
If you did take a field sobriety test and failed, was it because of other medical reasons?
Were you feeling intimidated by the interrogation process that may have caused you to become nervous or confused?
Was the breath test conducted properly, and was the breathalyzer properly maintained prior to the test?
When you took the breath test, had you recently used mouthwash or breath sprays that contained alcohol? Alcohol that is present in the mouth from breath sprays, burping, etc., will give a false reading.
Was there an accident? If you were arrested for drunk driving as a result of an accident causing injuries, the blood in your mouth may have given the breathalyzer a false reading.
Exactly when did you take the breathalyzer test? Alcohol enters the blood stream at a certain rate. You may have had a BAC reading of over .08% when the breath test was administered, but that does not necessarily mean that you had that reading when you were driving.

In our DUI Information Center, you can learn more about our favorite OUI/DUI defenses, how to challenge the evidence and beat your DUI.

To learn how we cross-examine police officers and discredit the arrest process, listen to our DUI Seminar here.

Don't Plead Guilty - Just to "Get it Over With"

Immediately pleading guilty is not a wise choice nor is it a valid option as it could result in jail time. Do not let law enforcement or Prosecutors take advantage of your first arrest and exploit your lack of knowledge.

Our DUI Defense Attorneys
Like to Fight - and We Fight to Win!

For a FREE Case Evaluation about your First Time Offender OUI charge, fill-out our online form, or call (888) 693-8434 to make an appointment at one of our local offices. We answer our phones and return calls 24/7 - we even meet clients on Sundays!

Learn more by contacting our DUI Defense Law Firm.