Clear Strategy Matters After a DUI Arrest
If you were arrested for a DUI, it is important to have a clear understanding of the potential penalties, your rights, and how to analyze your case to pursue the best possible outcome. OUI cases can involve license consequences, probation conditions, fees, and long-term effects on employment and insurance, so early, detailed review of the facts matters.
Massachusetts DUI Law Is “Operating Under the Influence”
In Massachusetts, the law against drunk driving is called Operating Under the Influence (OUI) and it is codified at Massachusetts General Laws, Chapter 90, Section 24. Penalties can differ depending on whether a person has prior OUI convictions and whether the person was over 21.
What Are the Consequences for a First OUI Offense?
The following information pertains to a person charged with a first OUI offense who is over 21. Penalties can range from a period of probation up to a maximum jail sentence of 2½ years in the House of Correction. Many defendants receive one to two years of probation.
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During probation, a person is typically required to attend a 16-week alcohol education program, meeting once per week for two hours per session. A person’s license may be suspended for a period of time, and the case can involve fees, fines, and the cost of the alcohol education class. There may also be a surcharge on car insurance.
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Most employers can see that a person has an open case. After a case is closed, it may be possible to move to have the record sealed.
Can I Get a Continuation Without a Finding (CWOF)?
A person charged with a first OUI offense in Massachusetts may have the option of a Continuation Without a Finding, often referred to as a CWOF. A CWOF means the case is continued for a period of time, often one year, without a finding of “Guilty” entering on the record. If the person completes the requirements imposed by the court, the case is dismissed at the end of the time period.
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Even with a CWOF, the person may face insurance increases, license consequences, and fees and fines similar to those imposed for a first-offense guilty conviction. After completion, it may be possible to move to have the case sealed.
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Important note: If you are not a U.S. citizen, an arrest, a guilty plea, a jury conviction, or a CWOF could adversely affect immigration status. The firm will consult with an immigration expert to determine how this may affect you.
PRIOR CASE
Quick Not Guilty Verdict for OUI Client
A Dorchester jury deliberated for barely 10 minutes before returning a Not Guilty verdict for Attorney Lown’s wrongly-accused OUI client. Attorney Lown noted that the officer attempted to change his story, and the defense used prior testimony to highlight the inconsistency. The verdict was a significant relief for the client, who had put career goals on hold while the case was pending.
Case Analysis in an OUI Defense
Analyzing an OUI case requires attention to detail. Factors can include whether there was an accident, whether there are civilian witnesses, and whether the person took a breathalyzer test or performed field sobriety tests, among other considerations.
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Some lawyers fall into the trap of treating every OUI case like the last one. In reality, each case has its own circumstances and should be analyzed on an individual basis.
What Defenses Do I Have for a DUI / OUI?
One of the most important rights you have at trial is the right to cross-examine the police officer. In many OUI cases, the allegation that someone was operating under the influence is based largely on the officer’s opinion.
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It is not illegal to have a drink and then drive. It is only illegal if a person drank to the point of impairment, meaning they had a diminished capacity to safely drive. Whether a person was impaired often depends on the officer’s testimony about what was observed. Strong cross-examination can expose whether an officer formed a conclusion first and then interpreted everything through that lens—while ignoring indicators that the person was not impaired.
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Under the Constitution, a defendant is presumed innocent. The government must prove the accusation beyond a reasonable doubt, which is the highest standard of proof used in matters relating to human affairs.
Strong cross-examination can undermine the government’s case and can result in a Not Guilty verdict.
DUI / OUI FAQ
What is the difference between DUI and OUI in Massachusetts?
Massachusetts uses the term OUI (Operating Under the Influence) for drunk driving offenses under M.G.L. c. 90, § 24.
Can I avoid a conviction on a first offense?
In some cases, a first offense may be resolved with an outcome such as a CWOF, depending on eligibility and case circumstances.
Do I have to take field sobriety tests?
Field sobriety tests can be an important part of the evidence in an OUI case. How they were administered and interpreted can also matter.
Can I still fight an OUI even if an officer says I was impaired?
Yes. In many cases, the state’s allegation relies heavily on officer observations. Cross-examination and careful analysis of the evidence can be critical.
Will an OUI show up for employers?
Many employers can see an open case. After a case is closed, it may be possible to move to have the record sealed.
