Massachusetts Drunk Driving / OUI Attorney

Arrested for, or charged with, OUI or DUI offenses in Massachusetts, and feel like your life's on the verge of coming apart at the seams? That's understandable. The criminal justice system is frightening and overwhelming, especially if you're not used to finding yourself on the wrong side of the law. Take a deep breath. Your current legal problems don't have to signal the end of life as you know it or mean that the dreams you've worked toward are suddenly out of reach. Our Massachusetts OUI lawyer at Nate Amendola Defense is here to help. person driving behind wheel of car with beer bottle in hand in MA

OUI/DUI in Massachusetts: What You Should Know

Operating or driving a vehicle under the influence of alcohol or drugs is a serious offense in the Bay State. What's considered "under the influence?" According to Massachusetts law, it's operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or greater—and it's illegal even if you aren't visibly intoxicated. The legal limits are even lower for commercial drivers (.04 percent) and motorists under 21 (.02 percent).

Pulled over and arrested for operating or driving your vehicle under the influence? You could face misdemeanor or felony OUI or DUI charges. The state charges first and second OUI offenses as misdemeanors, while third, fourth, and subsequent offenses are charged as felonies.

Penalties You Can Expect for OUI/DUI in Massachusetts

1st Offense OUI Penalty

If this is your first time getting arrested for driving under the influence, and the court finds that you are guilty, your license will be suspended for 210 days. This license loss runs consecutively to the losses for refusing the breathalyzer or blowing a .02 or higher. For example, if you took the breathalyzer and registered a .03, your license will be suspended for at least 180 days.

2nd Offense OUI Penalty

If this is your second time facing an oui arrest in Massachusetts, and the court finds that you are guilty, you could have your license suspended for two years. You will also be sentenced to a rehabilitation program called the “14-day second offender in-home program”.

3rd Offense OUI Penalty

If you receive a third DUI, your license could be suspended for up to eight (8) years, you would have to repass a learner’s permit exam and a road test, and you would have an ignition interlock installed on your vehicle.

4th Offense OUI Penalty

If you receive a fourth DUI following a Massachusetts oui arrest, your license could be suspended for 10 years, you would have to repass a learner’s permit exam and a road test, and you would have an ignition interlock installed on your vehicle.

5th Offense OUI Penalty

If you receive a fifth DUI, your license could be permanently suspended.

Potential Penalties of a First-Offense OUI/DUI

  • Up to two and a half years in house of correction
  • Fines between $500 and $5,000
  • License suspension for up to one year
  • Probation (after completing an alcohol education program at your own expense)

Is this your first offense? You may be able to complete a probation program under the so-called Alternative Disposition instead of serving time in jail. However, penalties are much harsher for second, third, or subsequent offenses and may include mandatory jail time. Other factors that can increase the penalties for an OUI/DUI conviction are damaging property, injuring people, or having children in the vehicle when you were pulled over.

Holistic South Shore Defense Representation for OUI/DUI Defendants

With so much riding on the outcome of your case, you need a highly skilled attorney to mount a strong defense and help you navigate the legal system. Unfortunately, not all lawyers or law firms are created equally. Many are unable or unwilling to help defendants manage—or overcome—the full range of challenges they're facing.

We investigate every aspect of your pending OUI/DUI charges—from probable cause to chemical breath test technicalities—and develop a result-driven defense strategy to dispute the Commonwealth's case against you.

Prosecutions are undoubtedly stressful for defendants. While this might be one of the worst things that have ever happened to you, helping people who find themselves in situations like yours is something we do every day. We know the applicable legal statutes, case law, court procedures, and local prosecutors and options for resolving OUI/DUI cases. We'll help you understand—and resolve—your charges. Most importantly, as your fierce legal advocate and dui defense attorney, we won't let anyone take advantage of you.

Common Mistakes Made After an OUI or DWI Arrest

If you’ve been arrested, it’s because the police believed there was probable cause that you committed a crime. It doesn’t mean you’re guilty. Refrain from committing these types of mistakes after an arrest:

  • Assuming you have no defense to your charges
  • Assuming you can't refuse a breathalyzer test when in fact, you can refuse.
  • Not appearing in court
  • Minimizing the consequences of an OUI conviction
  • Committing another OUI offense
  • Representing yourself in court

Help for Overcoming Life's Obstacles

Sometimes an OUI/DUI means you had a little too much fun out with your friends and didn't 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. Our compassionate and non-judgmental client support includes providing mindfulness strategies, book recommendations, and professional resources for overcoming any underlying issues standing in the way of your success.

At Nate Amendola Defense, there's 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.

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Schedule a Free Consultation With a Massachusetts OUI Defense Lawyer Today

Contact Nate Amendola Defense online or call our Hingham office at (781) 859-0474 to schedule an appointment for a free initial case review. We're excited to discuss how our legal services and client support can make a difference in your OUI/DUI case in Plymouth, Norfolk, Bristol, Barnstable, or Nantucket Counties.

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