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OUI First Offense Outcomes 


OUI First Offense Outcomes in Massachusetts 

Option 1: Guilty Verdict > Standard Disposition 

Incarceration: Not more than 2.5 years (30 months) in a house of correction

  • Suspended Sentence: You’re placed on probation for a certain period of time with your sentence “hanging over your head” 

If you violate the conditions of your probation, you’ll automatically be incarcerated for the specified period of time 

  • Straight Time: You’re immediately sentenced and incarcerated for a specified period of time

No probationary period 

License Suspension: 1 year 

  • Work/ education hardship license considered in 6 months 
  • General hardship license considered in 9 months 

Fines and Fees: Approximately $1,380.00 total 

  • Probation Fee & Surcharge: $65.00/month x 12= $780.00 
  • Victim/ Witness Assessment: $50.00 
  • OUI 24D State Fee: $250.00 
  • OUI Victims Assessment Fee: $50.00 
  • Head Injury Assessment: $250.00 

Option 2: Guilty Verdict > Alternative Disposition (§24D) 

1 year of probation 

Alcohol-Drug Education Program: Mandatory participation

  • 16-week course (32 hours) 
  • Paid by the defendant 

License Suspension: 45 to 90 days 

  • Work/ education hardship license will most likely be available after defendant has completed the intake for the first offenders’ program and has shown the necessity of a license to get to work or do their job 
  • General hardship license will cover the license loss associated with the chemical test refusal

Fines and Fees: Approximately $1,380.00 total 

  • Probation Fee & Surcharge: $65.00/month x 12= $780.00 
  • Victim/ Witness Assessment: $50.00 
  • OUI 24D State Fee: $250.00 
  • OUI Victims Assessment Fee: $50.00 
  • Head Injury Assessment: $250.00 

Option 3: Plea > Continuance without a finding > Dismissal 

The matter will be continued without a finding of guilt for 1 year, during which you will essentially be on probation: 

  • If you have NO trouble during the 1 year time period, the charge will be dismissed
  • If you have additional legal trouble during the continuance, a guilty finding may be found

Alcohol-Drug Education Program: mandatory participation 

  • 16-week course (32 hours) 
  • Paid by the defendant 

License Suspension: 45 to 90 days 

  • Work/ education hardship license will most likely be available after defendant has completed the intake for the first offenders’ program and has shown the necessity of a license to get to work or do their job 
  • General hardship license will cover the license loss associated with the chemical test refusal

Fines and Fees: approximately $1,380.00 total 

  • Probation Fee & Surcharge: $65.00/month x 12= $780.00 
  • Victim/ Witness Assessment: $50.00 
  • OUI 24D State Fee: $250.00 
  • OUI Victims Assessment Fee: $50.00 
  • Head Injury Assessment: $250.00 

Doesn’t result in a guilty verdict (conviction) on your record, but counts as a prior OUI for any subsequent OUI arrests 

  • Our office can help seal a criminal record 

Option 4: Not Guilty (Acquittal)

Doesn’t result in a guilty verdict (conviction) on your record Our office can help seal a criminal record

Schedule a Free Consultation with a Massachusetts OUI Lawyer Today

If you’ve been arrested on an OUI/DUI charge, domestic violence, disorderly conduct, or drug possession, you should speak to an experienced defense attorney as soon as possible. You can contact us online or call our office directly at 781-740-0800 to schedule your free consultation with one of our top-notch defense lawyers. We have been proudly servicing clients throughout Norwell, Massachusetts, and surrounding areas such as Plymouth, Barnstable, Nantucket, and more.