OUI First Offense in MA

A first offense is considered a misdemeanor in Massachusetts. Here is a comprehensive overview of the consequences of a first offense OUI:

Option 1: Guilty Verdict > Standard Disposition

House of Corrections: Not more than 2.5 years (30 months)
– 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 
– Hardship license can be applied for during the suspension period

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)

Probation: 1 year

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 

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 the 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. 

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.

Does a Plea Agreement Make Sense in My First OUI Case?

Maybe. It is not uncommon for a drunk driving case to end in some form of a plea agreement in Massachusetts, but many drunk driving cases are triable… Whether or not it makes sense depends on your unique situation. A top-rated DUI defense lawyer in Massachusetts can help you evaluate (and negotiate) a plea agreement if that is the best option. 

Can a Breathalyzer Test Refusal be Used Against Me in Court?

No. The prosecution is not allowed to mention that you refused to take a breathalyzer test.

• OUI- Drugs
• Speeding
• Leaving the Scene- Property Damage
• Marked Lanes Violation
• Negligent Operation
• Open Container

Sometimes an OUI/DUI means you had a little too much fun out with your friends and did not make the best decision about how to get home. Other times, an OUI/DUI may indicate problems with alcohol or drugs, trouble at home, anger issues, or something else that’s holding you back. Yet in other circumstances, a drunk driving or drugged driving charge could be completely unfounded. At Nate Amendola Defense, there is no judgment—just an opportunity to get the help you need to slay your personal demons so that you can rebuild and enhance your life. We are proactive. Among other things, our Massachusetts OUI/DUI defense attorney is prepared to:

• Hear your story, explain the charges and the next steps;
• Investigate the case by gathering evidence;
• Develop a personalized defense strategy to protect your rights and future;
• Provide resources for overcoming any underlying issues; and
• Help you conquer any potential collateral consequences that may appear.

At Nate Amendola Defense, our Massachusetts OUI/DUI defense attorneys have the skills and experience to handle the full range of drunk driving and drugged driving charges. If you or your loved one was arrested and/or charged with an OUI/DUI, please call us now at 781-650-6676 or contact us online to arrange your strictly private, no-commitment initial consultation.