Operating Under the Influence of Alcohol (OUI)
OUI Lawyer Serving the Boston Metro Region
Attorney Mark W. Bennett has the experience to shepherd you through the maze that is the Massachusetts criminal justice system. Attorney Bennett has been successfully protecting the rights of motorists wrongfully accused of operating under the influence for more than 20 years. The importance of having a seasoned criminal law practitioner by your side when you are charged with OUI cannot be overstated. The penalties for being convicted of operating a motor vehicle while under the influence of alcohol in Massachusetts are severe.
1 st Offense: punishable by not more than 2 1/2 years in the house of correction and/or a fine of $500-$5000; one-year loss of license. Alternative disposition (24D program): not more than two years with assignment to a treatment program; 45-90 days loss of license. Not available in cases of death or serious injury. Hardship License available after three business days.
2 nd Offense: (one prior conviction or assignment to an alcohol education program) punishable by not less than 60 days nor more than 2 1/2 years in the house of correction (mandatory 30 days) and/or a fine of $600-$10,000. Alternative disposition: two years probation and 14 days in patient alcohol treatment program; two years loss of license.
3 rd Offense: (two prior convictions or assignment to alcohol education programs) punishable by not less than 180 days and not more than 2 1/2 years in the house of correction or not more than five years in the state prison and/or a fine of $1000-$15,000. At least 150 days of the sentence must be served; eight year loss of license.
4 th Offense: (three prior convictions or assignments to alcohol education programs) punishable by not less than two years and not more than 2 1/2 years in the house of correction, or by not less than 2 1/2 years and not more than five years in the state prison and/or a fine of $1500-$25,000. There is a mandatory one-year sentence. There is a 10 year loss of license.
5 th Offense: (four prior convictions or assignments to alcohol education programs) punishable by not less than 2 1/2 years in the state prison and not more than five years in the state prison and/or a fine of $2000-$50,000. There is a two-year mandatory sentence. Lifetime loss of license.
Under the age of 21? The law provides even more harsh and complex penalties for under 21 drivers who are convicted of operating under the influence.
The facts of your case may result in additional OUI-related charges, for instance, if there was an accident, personal injury or death, or if a child under the age of 14 was in the vehicle at the time of the arrest.
Call 617-379-1805 or toll free 877-891-5130 to speak with an experienced criminal defense attorney. See our FAQ page for more information on OUI and drunk driving.
