An OUI arrest in Massachusetts sets two separate proceedings in motion simultaneously: a criminal case in district court and an administrative hearing at the Registry of Motor Vehicles. Most people focus on the criminal charge and overlook the RMV timeline, which can result in a license suspension before the court case even begins. That mistake costs months of driving privileges that a timely hearing request could have preserved.
Massachusetts uses the term OUI (operating under the influence) rather than DUI or DWI. The distinction is not cosmetic. Massachusetts OUI law permits a conviction based on impaired operation of a motor vehicle, and the prosecution does not need a breathalyzer result to prove its case. Officers trained in standardized field sobriety testing routinely testify about observations at the scene, and those observations alone can sustain a guilty finding. Understanding what the Commonwealth actually needs to prove is the first step in building an effective defense.
How We Defend Against OUI Charges
Every OUI case has pressure points where the prosecution’s evidence is most vulnerable. We identify those points early and build a defense strategy around them:
Breathalyzer Challenge
We examine device calibration records, operator certification, observation period compliance, and maintenance logs. Breath test results that appear conclusive often rest on procedural foundations that did not hold up under scrutiny.
Field Sobriety Test Defense
Standardized field sobriety tests require strict adherence to NHTSA protocols. We challenge administration errors, environmental conditions, and the officer’s training and scoring methodology.
RMV Hearing Representation
We request and prepare for the administrative hearing within the 15-day statutory window, presenting evidence to preserve driving privileges while the criminal case proceeds.
License Restoration and Hardship Licenses
For clients facing suspension, we pursue hardship license applications (known as “Cinderella licenses”) that permit driving for work, medical appointments, and other essential purposes during the suspension period.
Alternative Dispositions
For first-offense cases, we evaluate continuance without a finding (CWOF) and pretrial probation options, which can keep a conviction off your record entirely.
Why Clients Choose Cohen Cleary
At Cohen Cleary, our practice teams combine deep subject-matter experience with disciplined execution and responsive client service. We do not take a one-size-fits-all approach. Every matter is handled with careful preparation, clear communication, and a strategy tailored to the client’s goals and the realities of the forum.
Clients choose Cohen Cleary because we deliver:
Practice-Focused Legal Experience
Our attorneys work in defined practice areas, allowing us to develop practical insight into the legal, procedural, and regulatory nuances that matter most in each case. This focus allows us to anticipate issues, avoid unnecessary delays, and position matters for efficient resolution.
Clear Guidance and Proactive Communication
We prioritize clarity at every stage. Clients receive straightforward explanations of their options, timely updates on developments, and practical advice grounded in real-world outcomes.
Strategic Advocacy with Trial Readiness
Whether a matter calls for negotiation, mediation, or litigation, our attorneys prepare every case with discipline and foresight. We pursue efficient resolution when possible and are fully prepared to advocate aggressively when necessary to protect our clients’ interests.
Regional Knowledge and Local Presence
With offices throughout Massachusetts and experience across New England courts and agencies, we bring local insight and regional reach to every matter.
Client-Centered Service
We treat every matter with urgency and respect. Our clients rely on us for responsive service, sound judgment, and steady counsel through complex legal challenges.
In our OUI defense work, this approach helps clients navigate criminal charges and license proceedings with clarity, efficiency, and confidence.
Our Approach to OUI Defense
Massachusetts OUI law under M.G.L. c. 90, §24 creates escalating penalties across five offense tiers, with fourth and fifth offenses classified as felonies carrying state prison time. We tell our clients that the offense tier determines the defense strategy as much as the facts do. A first offense with strong mitigating factors may be a candidate for a CWOF disposition under M.G.L. c. 90, §24D, keeping a conviction off the record. A second or third offense demands a more aggressive posture, including full pretrial motion practice challenging the stop, the arrest, and every piece of evidence collected. We also address charges involving OUI drugs, including marijuana and prescription medications, which require defense strategies distinct from alcohol-related cases.
Serving Clients Across Southeastern Massachusetts and Rhode Island
Cohen Cleary represents OUI defendants in district courts throughout Bristol County, Plymouth County, and Norfolk County, with offices in Taunton and Plymouth. Our attorneys regularly appear in Taunton District Court, Plymouth District Court, and Quincy District Court, and are familiar with the procedural expectations and scheduling practices of each session. We also represent clients in Rhode Island OUI matters. Whether you are searching for an OUI attorney in southeastern Massachusetts or need representation on a drunk driving charge anywhere in the region, our offices allow us to respond quickly to arraignments and time-sensitive RMV deadlines, with the capacity to serve clients across New England.
Protect Your License and Your Record With Guidance From Cohen Cleary
OUI charges move fast, and critical deadlines begin running the day of your arrest. Contact Cohen Cleary to speak with an OUI defense attorney who can evaluate your case, protect your driving privileges, and build a defense strategy tailored to your situation. Call our Taunton or Plymouth office to schedule a consultation.
Frequently Asked Questions About OUI Charges in Massachusetts
What happens if I refused the breathalyzer during my OUI arrest?
A breathalyzer refusal triggers an automatic license suspension through the RMV: 180 days for a first offense, three years for a second, five years for a third, and lifetime for a fourth or subsequent. However, the refusal also eliminates the breath test result as evidence in your criminal case. Prosecutors can still pursue the charge using officer testimony, field sobriety observations, and other circumstantial evidence. Whether refusal helps or hurts depends on the specific facts of your stop and arrest.
Can a first-offense OUI be dismissed or kept off my record?
Massachusetts allows a continuance without a finding (CWOF) for first-offense OUI, which results in probation rather than a conviction on your criminal record. A CWOF typically requires completion of a 24D alcohol education program, probation fees, and a license suspension of 45 to 90 days. While a CWOF is not a dismissal and does count as a prior offense if you are charged again, it avoids the collateral consequences of a criminal conviction, including certain employment and travel restrictions. An OUI conviction also triggers significant insurance surcharges that persist for years, and Canada routinely denies entry to individuals with OUI convictions on their record.
How does an OUI charge affect my driver’s license?
License consequences arise from two separate sources. The RMV can suspend your license administratively based on a breathalyzer failure or refusal, independent of the court case. A criminal conviction or CWOF triggers a separate suspension. An OUI defense attorney can request a timely RMV hearing to challenge the administrative suspension and pursue hardship license options to maintain essential driving privileges during any suspension period.
What are the penalties for a second or third OUI offense in Massachusetts?
Penalties escalate significantly with each subsequent offense. A second offense carries a mandatory minimum jail sentence of 30 days (or 14 days with an alternative disposition), a two-year license suspension, and the installation of an ignition interlock device. A third offense is a felony with a mandatory minimum of 150 days in jail and an eight-year license suspension. Repeat offenders face increasingly limited disposition options, making early, aggressive defense critical.
