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What Are The Penalties for an OUI?

For a first offense, typical penaliteis for for an OUI offense include a fine of not less than $500, nor more than $5,000, or imprisonment for up to 2 1/2 years, or both such fine and imprisonment. Alternatively, a person charged with an OUI may be able to enroll in an alcohol treatment program and receive an alternative senence which typically includes some form of probation and imposition of a fine.

Other Massachusetts Drunk Driving Defense FAQs

Q: What Are Common Errors Made By Persons Arrested For Drunk Driving/OUI?
A: 1. Not hiring an attorney. Operating under the influence of alcohol is controlled by Massachusetts General Law Chap. 90, Sec. 24. It is one of the most complex … More
Q: What Happens When You Get To Court?
A: License Suspension As mentioned above, if you refuse the breath test after your OUI arrest, your license can be suspended for 120 days. If you submit to and fail the … More
Q: What Are Field Sobriety Tests?
A: Field Sobriety Tests (FSTs) are the roadside examinations administered by the police officer in investigating whether you were operating your vehicle under the … More
Q: When Can I Be Found Guilty?
A: In Massachusetts, the prosecutor must prove 3 elements to the charge of Operating Under the Influence of Alcohol. That you are operating a vehicle That you operated … More
Q: What Can I Do To Help Win My Case?
A: Following the advice suggested in the Not Guilty! section of this site will help you prior to being arrested for OUI. After you've been arrested, there are a number of … More
Q: Can I Get My License Back Before My OUI Case Is Resolved?
A: In almost all OUI arrests, an operator's license is suspended at the time of arrest for either a breath test reading of .08 percent BAC or above or a refusal to submit … More
Q: Will My Case Be Tried Before A Judge Or A Jury?
A: In a jury trial for an OUI charge, all six members of the jury must unanimously find you guilty, beyond a reasonable doubt, before you can be convicted of the crime. … More
Q: What Is In My Best Interest Going To Trial Or Plea Bargaining My Case?
A: As noted above, every OUI case is different. The strengths and weaknesses are unique to each case. Before you can make a decision on pleabargaining or taking a … More
Q: Operators Under 21 Years Old
A: Massachusetts General Law Chap. 90, Sec. 24 provides a detailed and intricate range of penalties for operators under 21 years old charged with and/or convicted for … More
Q: Subsequent Offenses
A: Massachusetts General Law Chap. 90, Sec. 24 establishes a 10year period for determining subsequent offenses. The 10year period encompasses the date of the … More