Massachusetts DUI Defense Attorney

How dui cases proceed under Massachusetts law

A Massachusetts OUI charge in Massachusetts starts with a single sentence in M.G.L. c. 90, sec. 24 that does more work than most drivers realize. The statute makes it a crime to operate a vehicle with a blood alcohol percentage of eight one-hundredths or greater, or while under the influence of intoxicating liquor. The word or matters: the Commonwealth has two separate ways to prove the same charge, a blood alcohol result of 0.08 or more, called the per se route, or evidence of impairment drawn from the officer's observations, field sobriety tests and the driving itself, with no number required at all. A Massachusetts driver who blows under 0.08, or who refuses the breath test entirely, can still face a charge built on the impairment route, which is why the outcome for a particular the Commonwealth driver often turns on facts well beyond a single number on a printout.

OUI matters at Jim Glaser Law are evaluated on the same intake call as every other matter the firm takes. The attorney listens to the facts, including the arraignment date, the breath-test result or refusal, any prior record, and the current license status, and either handles the matter directly or connects the client with a Massachusetts criminal-defense partner attorney, at no extra cost to the client. A Massachusetts charge under sec. 24 runs on two tracks that do not wait for each other. The criminal case proceeds through the District Court on its own schedule. The license consequence is decided separately by the Registry of Motor Vehicles: a breath-test failure suspends the license for up to thirty days pending the case, and a refusal carries its own suspension, 180 days for a first-time adult driver, that applies whether or not the criminal case ever results in a conviction.

How serious a Massachusetts OUI charge is depends heavily on the count. Most first offenses resolve through M.G.L. c. 90, sec. 24D, which lets a first offender go on probation with an alcohol-education program instead of facing the standard sentence, though sec. 24D does not apply where the driver caused serious injury or death. Neither a first nor a second offense under sec. 24 is a felony, because neither one allows a sentence in the state prison; both stay in the house of correction, where terms of up to two and a half years are still possible. A third offense is a felony, because the statute allows a state prison sentence as an alternative to a house-of-correction term, and a the Commonwealth driver charged with a third offense also faces an eight-year license revocation on top of the criminal exposure. Where an injury also occurred, separate charges under sec. 24L or sec. 24G apply, each carrying its own felony and misdemeanor lines depending on what the Commonwealth can prove.

Massachusetts statutes and case law

• M.G.L. c. 90, sec. 24. The core OUI statute; proven either by a blood alcohol result of 0.08 or more or by evidence the driver was under the influence, and the source of the pretrial license suspension after a failed breath test.
• M.G.L. c. 90, sec. 24D. The first-offender probationary disposition: an alcohol-education program in place of the standard sentence, unavailable where the driver caused serious injury or death.
• M.G.L. c. 90, sec. 24P. License suspension for a driver under 21 who tests at 0.02 or higher, 180 days or one year under 18, independent of how the criminal case ends.
• M.G.L. c. 274, sec. 1. Defines a felony as any crime punishable by state prison; everything else is a misdemeanor, which is what separates a first or second OUI from a third.
• M.G.L. c. 90, sec. 24L. Operating under the influence and, in the felony subsection, driving recklessly or negligently, causing serious bodily injury.
• M.G.L. c. 90, sec. 24G. Operating under the influence and, in the felony subsection, driving recklessly or negligently, causing death.

Common case patterns

1. A Massachusetts driver stopped and charged after a breath test result of 0.08 or more, a per se case under c. 90, sec. 24.
2. A Massachusetts driver charged on the impairment route alone, after refusing the breath test or testing under 0.08, where field sobriety evidence and the officer's observations carry the case.
3. A first-offense the Commonwealth driver weighing the c. 90, sec. 24D probationary disposition against the standard sentence.
4. A Massachusetts driver facing a third or later OUI charge, where the felony exposure and an eight-year license revocation are both in play.
5. A Massachusetts driver charged under c. 90, sec. 24L or sec. 24G after a crash caused injury or death, alongside a separate civil claim from anyone who was hurt.

Typical timeline

1. Your free case review for a Massachusetts OUI matter captures the arraignment date, the breath-test result or refusal, any prior record, and the current license posture, because those facts decide how the the Commonwealth case is likely to proceed. The attorney either handles the matter directly or connects the client with a Massachusetts criminal-defense partner attorney, at no extra cost to the client.
2. The license track moves fastest and on its own schedule. A breath-test suspension can be challenged at a hearing limited to whether a later test showed a result under 0.08, and a refusal suspension can be challenged at a hearing limited to reasonable grounds, arrest and refusal, both of which must be requested within a matter of days. The criminal case proceeds separately through arraignment, pretrial conferences and, where the facts support it, negotiation of a c. 90, sec. 24D disposition for an eligible first offender.
3. Resolution follows one of several paths: dismissal, a negotiated disposition such as sec. 24D probation for a qualifying first offense, or trial. Whatever the criminal outcome, the license consequence runs on its own separate schedule, and where the same event injured someone, that person's civil claim proceeds independently of the criminal case and does not wait for it to finish.

What a Massachusetts OUI matter can achieve

• A hearing challenging a breath-test suspension, limited to whether a later test showed a result under 0.08.
• A hearing challenging a breath-test refusal suspension, limited to reasonable grounds, arrest and refusal.
• Evaluation for the c. 90, sec. 24D first-offender disposition where the facts allow it.
• A hardship license application once the applicable waiting period under the license consequence has run.
• Representation through arraignment, pretrial proceedings and, where the matter does not resolve short of it, trial.
• Referral to a Massachusetts criminal-defense partner attorney, at no extra cost to the client, where the matter is better handled outside the firm.

Key terms

OUI

Massachusetts's name for driving under the influence, charged under M.G.L. c. 90, sec. 24.

Per se offense

An OUI proven by a blood alcohol result of 0.08 or more alone, without evidence of impaired driving.

Sec. 24D disposition

The first-offender probationary alternative to the standard OUI sentence, unavailable where the driver caused serious injury or death.

Hardship license

A limited license available for work or other approved purposes after part of a suspension period has run.

House of correction

A county jail; a sentence limited to it, rather than state prison, keeps an OUI charge a misdemeanor.

Sec. 24D disposition vs. standard first-offense sentence

More questions

• Is a first OUI in Massachusetts a felony?

  No. Under M.G.L. c. 274, sec. 1, a Massachusetts crime is a felony only if it is punishable by state prison. A first offense under c. 90, sec. 24 allows only a fine or a term in a jail or house of correction, so it is a misdemeanor. A second offense is a misdemeanor too, even though it carries a mandatory minimum. A third offense is a felony, because state prison becomes available.

• What happens to my license before my Massachusetts OUI case is decided?

  Something happens immediately, before any trial. A breath-test result of 0.08 or more suspends the license on the spot, for up to thirty days while the case is pending, under c. 90, sec. 24. A refusal carries its own separate suspension, starting at 180 days for a first-time adult driver, that runs regardless of how the criminal case ends.

• Should I refuse the breathalyzer in Massachusetts?

  That decision carries real consequences either way and depends on facts specific to the stop, so it is not something this page can answer in general terms. A refusal triggers an automatic license suspension under c. 90, sec. 24, separate from the criminal case, while the refusal itself cannot later be used as evidence against the driver at trial. A Massachusetts driver facing that decision, or who has already made it, should discuss the specific facts with a Massachusetts criminal-defense attorney.

• What does Jim Glaser Law charge for a Massachusetts OUI matter?

  OUI matters are billed on a fixed-fee or hourly basis, set out in the written fee agreement signed at intake. OUI matters are not handled on contingency. Your case review is free, and the attorney either handles the Massachusetts matter directly or connects the client with a Massachusetts criminal-defense partner attorney, at no extra cost to the client.

• Does an OUI charge affect a related injury claim in Massachusetts?

  They are separate matters. Whether a driver is charged with a felony or a misdemeanor, or convicted at all, does not decide a civil injury claim arising from the same crash. The civil claim turns on negligence and runs on its own schedule, and it does not require a conviction or wait for the criminal case to finish.