OUI First Offense Outcomes in Massachusetts shot glasses with drinks in them and car keys in MA

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
Nate Amendola
Massachusetts criminal defense attorney, helping resolve OUI, domestic violence, drug and criminal charges
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