If you’ve been charged with your first OUI offense in Massachusetts, you likely have a lot of questions about OUI penalties, court processes, legal representation, and so on. Here’s your rapid-fire guide to everything you need to know about getting a first OUI in Massachusetts.
Massachusetts Legal Process
After you’ve been charged with an OUI, you’ll receive a form indicating the date, time, and location of your arraignment. Your arraignment will be your first official court appearance when the court formally charges you with a crime. At an arraignment, you will report to the probation department where you will provide some background information and then you will head into the courtroom where you will have to wait until your name is called. When you’re called, the court will read the charges against you and automatically enter a plea of “Not Guilty” on your behalf. You’ll then be given a date to return to court for your pre-trial conference. You should ask for a copy of your police report if one is not provided. The court will expect you to have an attorney before your pre-trial conference at the latest.
Classification and Penalties
In Massachusetts, a first-offense OUI is classified as a misdemeanor. As a misdemeanor, you might expect a first OUI to carry light consequences, but strict state laws carry some harsh consequences.
License Suspension
A first OUI carries a one-year license suspension. Drivers who complete the Massachusetts Impaired Driving program (MID) can have their license suspension shortened to a period of 45–90 days, but this is an additional expense and time commitment that not all OUI offenders choose to engage in.
Fines and Fees
Individuals convicted of a first-offense OUI in Massachusetts will be required to pay a monetary fine of at least $500 and up to $5,000. The precise amount owed upon conviction is up to the discretion of the presiding judge. You’ll face additional charges from the RMV, including a license reinstatement fee.
Jail Time
Although jail time is not mandatory for a first OUI offense, drivers convicted of an OUI can face up to two and a half years of incarceration under Massachusetts law. It’s rare for offenders to receive such an extreme sentence, but not unheard of, so individuals facing OUI charges shouldn’t assume that a prison sentence is off the table.
IID Installation and Other Consequences
There are a variety of auxiliary penalties for a first OUI. Drivers whose BAC was 0.15% or higher at the time of their arrest will be required to install ignition interlock devices in their vehicles. Other consequences can include lost wages, increased insurance premiums, and vehicle impoundment.
Legal Representation
For an OUI case, it’s important to hire a lawyer to represent you. Working with a qualified attorney is the best way to achieve a desirable outcome in your case. While any general criminal defense attorney could represent you, it’s highly advisable to retain a specialized OUI defense lawyer. These specialized OUI defense attorneys will have significantly more experience with OUI cases and will be better prepared to help you avoid facing the full force of the state’s legal penalties.
Attorney James Milligan has been practicing exclusively OUI defense for 25 years. Throughout his career, Attorney Milligan has proven his ability to successfully beat OUI charges and obtain favorable outcomes for his clients. If you’re interested in working with Attorney Milligan to combat your first OUI, you can contact him today to arrange your free consultation.
