How to Fight a DUI Charge in Massachusetts

In Massachusetts, drunk or drugged driving is legally referred to as Operating Under the Influence, or OUI. Many people still search for “DUI,” but the Massachusetts charge is usually listed as OUI.

If you have been charged with OUI in Massachusetts, do not assume the case is hopeless. A DUI/OUI charge can often be challenged based on the traffic stop, field sobriety tests, breath test evidence, police reports, witness statements, medical issues, or whether your rights were violated.

What Should I Do Immediately After Being Charged With DUI/OUI in Massachusetts?

1. Stay calm: Do not argue with police, resist arrest, or make statements that could be used against you later.
2. Do not discuss the case without a lawyer: You have the right to remain silent. Politely tell police that you want to speak with an attorney before answering questions.
3. Write down what happened: As soon as possible, make notes about the traffic stop, what the officer said, what tests were requested, whether you were read any rights or warnings, and when events happened.
4. Save paperwork: Keep all police, bail, RMV, citation, and court documents.
5. Contact an OUI defense attorney quickly: Deadlines for RMV hearings and court appearances can come up fast.

How Can a DUI/OUI Attorney Help Me?

A Massachusetts OUI defense attorney can review the evidence, protect your rights, and identify the strongest defense strategy. Depending on the facts, an attorney may be able to:

• Challenge the legality of the traffic stop
• Challenge whether police had probable cause to arrest
• Question the administration and reliability of field sobriety tests
• Challenge breath test procedures, maintenance, calibration, or admissibility
• Review whether medical conditions affected the officer’s observations
• Represent you in court and, when appropriate, at RMV hearings
• Seek dismissal, suppression of evidence, reduction, trial defense, or alternative resolutions where available

For more information about defense options, see: Boston DUI defense attorney.

What Are Common Defenses Against a DUI/OUI Charge?

Common DUI/OUI defenses in Massachusetts may include:

1. Improper traffic stop: The officer may not have had reasonable suspicion to stop the vehicle.
2. Lack of probable cause: Police may not have had enough evidence to justify an arrest.
3. Unreliable field sobriety tests: Roadside tests may be affected by medical issues, weather, footwear, road conditions, nervousness, fatigue, or unclear instructions.
4. Breath test problems: Breath test results may be challenged based on the machine, testing procedure, observation period, maintenance, calibration, or documentation.
5. Medical or physical conditions: Balance problems, injuries, diabetes, neurological issues, anxiety, or other conditions may affect how a person appears during an OUI investigation.
6. Weak observations: The officer’s report may not support impairment beyond a reasonable doubt.
7. Constitutional issues: If police violated your rights, your attorney may seek to suppress evidence.

Can I Refuse a Breathalyzer or Field Sobriety Test in Massachusetts?

Field sobriety tests and chemical breath or blood tests are different.

Field sobriety tests are roadside coordination and balance tests. These may include the walk-and-turn, one-leg stand, or other physical tasks. Whether refusal can be used, and how it affects the case, depends on the facts and applicable law.

Chemical tests, such as a breath test after arrest, are governed by Massachusetts implied consent law. If a person arrested for OUI refuses the chemical test after being informed of the consequences, Massachusetts law provides for a license suspension of at least 180 days and up to lifetime loss, depending on the driver’s record and circumstances. You can review the statute here: Massachusetts General Laws Chapter 90, Section 24.

Because refusal consequences can be severe, you should speak with an attorney as soon as possible after any OUI arrest involving a breath test refusal.

What Should I Do if My License Is Suspended After a DUI/OUI Charge?

License suspension issues may involve the court, the RMV, or both. The correct next step depends on whether the suspension is based on a chemical test refusal, chemical test failure, OUI conviction or disposition, or another license issue.

• Request an RMV hearing when appropriate: Some suspensions may be challenged through the RMV or reviewed through court procedures.
• Check hardship license eligibility: Some drivers may qualify for limited driving privileges if they meet RMV requirements.
• Do not drive while suspended: Driving after suspension can create new criminal charges and additional license consequences.

For more detail, see: What Should I Do if My License Is Suspended After a DUI Charge in Massachusetts?

What Penalties Am I Facing for a DUI/OUI Conviction in Massachusetts?

Penalties depend on the facts, the driver’s history, chemical test issues, whether anyone was injured, whether a child was in the vehicle, and whether this is a first or repeat offense.

Possible penalties may include:

• Fines and fees
• License suspension
• Probation
• Driver Alcohol Education Program requirements
• Treatment or counseling
• Ignition interlock requirements in some cases
• Jail time, especially in repeat or aggravated cases

Mass.gov explains that a first OUI guilty finding can carry a one-year license suspension, while assignment to a Driver Alcohol Education Program under Chapter 90, Section 24D may shorten the suspension in eligible cases. :contentReference[oaicite:2]{index=2} Massachusetts law also allows certain first-offense OUI defendants to be placed on probation and assigned to a Driver Alcohol Education Program under Massachusetts General Laws Chapter 90, Section 24D.

How Important Is It to Attend All Court Dates and Required Programs?

Very important. Missing court, ignoring RMV notices, or failing to complete required programs can make the case worse. Consequences may include:

• A default warrant
• Additional license suspension issues
• Probation problems
• Loss of hardship license eligibility
• Stricter court conditions

If you are concerned about missing court, read: What Is a Default Warrant in Massachusetts?

Can I Negotiate a Plea Bargain for a DUI/OUI Charge?

In some cases, yes. Depending on the facts, an attorney may be able to negotiate for a favorable resolution, such as a 24D disposition for eligible first offenders, a continuance without a finding, reduced penalties, or another outcome that avoids some of the harshest consequences.

However, some cases may be better suited for trial, especially if there are strong legal defenses, unreliable evidence, or problems with the traffic stop, arrest, or breath test.

What Should I Look for in a DUI/OUI Attorney?

When choosing an attorney for a Massachusetts OUI case, look for someone who understands both the criminal court process and RMV consequences. Important factors include:

• Experience handling Massachusetts OUI cases
• Knowledge of breath test and field sobriety issues
• Experience with RMV suspension hearings and hardship license issues
• Ability to explain your options clearly
• A defense strategy tailored to the facts of your case

Speak With a Massachusetts DUI/OUI Defense Attorney

A DUI/OUI charge in Massachusetts can affect your license, record, job, insurance, and freedom. The sooner you get legal advice, the sooner you can protect your rights and begin challenging the case.

At The Law Offices of Elliot Savitz & Scott Bradley, we represent clients facing DUI/OUI charges throughout Boston and Massachusetts courts.

If you have been charged with DUI/OUI in Massachusetts, contact The Law Offices of Elliot Savitz & Scott Bradley today for a confidential consultation.