If you have been arrested for drunk driving, or operating under the influence (OUI) in Massachusetts, you are facing serious consequences: a criminal conviction on your record, the loss of your driver’s license, fines and fees, possible jail time, and trouble traveling to some other countries. This is not a charge to handle on your own.
People often ask whether they really need a lawyer for a Massachusetts OUI. You do. An experienced OUI attorney knows exactly what the police and prosecutor have to prove to win a conviction, and where their case tends to fall short.
Attorney Patrick Donovan is a Massachusetts OUI defense lawyer who has handled many drunk driving cases. He is a former prosecutor, trained at the National Prosecutors College and in state prosecution programs, and he puts that training to work for the people he now defends.
An OUI attorney can weigh the strength of the state’s case against you, tell you honestly whether it is worth fighting or resolving with a plea, and work to limit the harsh penalties Massachusetts attaches to a drunk driving conviction.
Arrested for OUI? Find Out Where You Stand
Your arraignment comes quickly after an OUI arrest, and the decisions you make in the first few days matter. Call and you will talk with Attorney Donovan directly. He will explain what the police report has to show, what your options are, and what happens next. The first conversation is free and confidential, seven days a week, including evenings and weekends.
What is an O.U.I. in Massachusetts?
O.U.I. stands for operating under the influence of alcohol. It is the same charge other states call DWI or DUI. In Massachusetts, OUI is the term for drunk driving.
How Can They Prove OUI?
To convict you of OUI, the prosecutor has to prove three things: that you drove a vehicle, that you drove it on a public way, and that you did so under the influence of alcohol. The first two are usually easy to show, unless you were sleeping in a parked car. The third is the hard part, and the Commonwealth has two ways to try to prove it.
The first is a breath test. The legal limit in Massachusetts is .08. A reading of .08 or higher makes you guilty per se, which the law treats as guilt on its own. You have the right to refuse the breathalyzer, and your refusal cannot be mentioned in court.
The second way applies when there is no breath test. Here the prosecutor tries to prove impaired operation through the officer’s observations and any field sobriety test results.
What Are Field Sobriety Tests?
Police officers are trained in DWI detection and in standardized field sobriety tests given at the roadside. The three standardized tests, developed by the National Highway Traffic Safety Administration (NHTSA), are the Nine-Step Walk and Turn, the One-Leg Stand, and the Horizontal Gaze Nystagmus, and each must follow the NHTSA standards to be considered reliable. Officers sometimes add non-standardized tests such as walking a straight line, touching a finger to the nose, or reciting the alphabet. In Massachusetts, an officer must be qualified as an expert to give the Horizontal Gaze Nystagmus test, which rarely happens, and without that qualification the HGN test cannot be mentioned in court.
The Nine-Step Walk and Turn asks you to take nine heel-to-toe steps in a straight line, turn, and take nine back, counting out loud. The officer scores only your mistakes, not what you do correctly. Common mistakes include starting before you are told, failing to touch heel to toe, stepping off the line, and losing your balance. Two mistakes at any point count as a failure.
The One-Leg Stand involves verbal instructions, a demonstration, and then standing on one foot while you count to 30 without using your arms for balance. Common mistakes include raising your arms or setting your foot down before you reach 30. Officers look for four cues and treat two or more as a failure.
Even under perfect conditions, the NHTSA does not consider these tests fully reliable, and weather, road conditions, lighting, and your own health can make them less reliable still. You can refuse field sobriety tests, and a refusal cannot be mentioned in court.
What are my options after I have been arrested for drunk driving in Massachusetts?
Most district attorney’s offices in Massachusetts will not dismiss an OUI outright. Once you are charged, you generally choose between entering a plea and taking the case to trial. You can enter a plea at any time, and it does not have to match the prosecutor’s recommendation, though the judge makes the final decision on every plea.
A trial can be in front of a judge or a jury. In a bench trial you waive the jury and the judge decides guilt, and the prosecutor cannot object to that choice. If the judge finds you guilty, the judge imposes the sentence.
A district court jury in Massachusetts is six people, chosen at random from the county where the court sits. The jury decides whether you are guilty, and if it convicts, the judge imposes the sentence.
Experienced Massachusetts OUI DWI DUI Defense Lawyer
Attorney Patrick Donovan served as an Assistant District Attorney in Massachusetts, where he handled thousands of OUI prosecutions, from arraignments and motions through pretrials and bench and jury trials. He now uses that experience to build the defense for people charged with OUI, and he has tried many cases to both judges and juries.
Even a first offense carries real criminal and financial penalties, so it helps to have a lawyer who knows how these cases are prosecuted from the inside.
Massachusetts DUI Attorney
Patrick Donovan defends people charged with DUI in Boston, Quincy, and throughout Massachusetts, and he works toward the strongest outcome the facts of your case allow.
Free OUI Consultations
Attorney Donovan offers free consultations from his office in Quincy, near Route 93, including evenings and weekends, and he will meet at a place that works for you. Call (617) 479-1800 before you accept a plea that can stay with you for life.
What OUI Clients Say
I was charged with OUI and negligent operation of a vehicle, and my license was suspended. Patrick responded immediately and clearly defined my position and my options. He prepared me for a bench trial and was always available if I had questions. The OUI charges were dismissed without a trial. The suspension on my driver’s license was lifted, and I was driving the next day.
Cathleen Deegan Osterloh
Every other attorney of reasonable price range provided me with very limited options. Patrick, on the other hand, was both energetic and reasonably optimistic. He was very strategic, methodical and proactive throughout the process. At the end, he helped beat my DUI case.
Nalie R.
These reviews describe past results in specific factual and legal circumstances. They do not guarantee or predict a similar outcome in any future case. Read more on the Client Reviews page.
OUI Penalties In Massachusetts
The penalty for an OUI depends on how many prior OUIs you have. Massachusetts uses a lifetime lookback, which means a prior OUI stays on your record for the rest of your life and counts against you on any new charge.
Penalties for a First Offense OUI in Massachusetts
A first-offense OUI carries up to two and a half years in a house of correction, a fine of $500 to $5,000, or both, along with a license suspension of up to one year plus reinstatement fees. Massachusetts also offers an alternative disposition on a first offense: a continuance without a finding for one year, a 45-to-90-day license loss, fines and fees, and a required alcohol education class. The Registry of Motor Vehicles allows a work or education hardship license with any alternative disposition. Drivers under 21 face a youth alcohol education program and additional suspension time.
Penalty for Second Offense OUI in Massachusetts
A second-offense OUI carries up to two and a half years in jail with a mandatory minimum of 60 days, unless the judge suspends the sentence to a minimum of 30 days, a fine of $600 to $10,000, or both, a two-year license suspension with reinstatement fees, and a mandatory ignition interlock device. A work or education hardship license becomes available after one year. The alternative disposition for a second offense is a guilty finding with 90 days in jail suspended for two years, which means a probation violation triggers the 90 days, along with probation, fines, fees, and two weeks of inpatient alcohol treatment. Everyone convicted of a second offense must install an ignition interlock device.
A third or subsequent offense in Massachusetts carries a mandatory minimum jail sentence and a long license loss.
Call the Law Office of Patrick T. Donovan for a free initial consultation at (617) 479-1800.
Attorney Donovan defends OUI and drunk driving charges in courts across Greater Boston, the South Shore, and Cape Cod, including Quincy District Court, Dedham District Court, Cambridge District Court, Brockton District Court, and Hingham District Court. See his recent OUI and DUI case results for examples of how these charges can be resolved.
Patrick T. Donovan represents clients in: Boston, Brighton, Chelsea, Dorchester, Roxbury, Jamaica Plain, West Roxbury, East Boston, South Boston, Alston, Woburn, Waltham, Framingham, Natick, Malden, Quincy, Milton, Revere, Everett, Weymouth, Marshfield, Randolph, Braintree, Pembroke, Cohasset, Hingham, Orleans, Hull, Brewster, Dennis, Yarmouth, Nantucket, Martha’s Vineyard, Rockland, All College Students, Dedham, Norwood, Cambridge, Wrentham, Somerville, Walpole, Westwood, Attleboro, North Attleboro, Needham, Brockton, Wellesley, Stoughton, Wareham, Plainville, Arlington, Concord, Canton, Sharon, Avon, Taunton, Revere, Falmouth, Barnstable, Plymouth, Duxbury, Hanover and throughout Massachusetts
