First Offense OUI

Under Massachusetts law, you can be charged with Operating Under the Influence under M.G.L. Chapter 90, Section 24(1)(a)(1) if you operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or while under the influence from inhaling toxic vapors. The operation must occur on any public way or in any place where the public has a right of access.

What the Prosecution Must Prove
To convict you of first offense OUI, the Commonwealth must prove beyond a reasonable doubt that you operated a motor vehicle on a public way or place where the public has access, and that you were under the influence of alcohol or drugs such that your ability to operate safely was impaired or diminished. Massachusetts does not require proof that you were driving dangerously—only that the alcohol or drugs reduced your ability to operate safely.

Important Distinctions in Massachusetts Law
Massachusetts has an “unlimited lookback period” for OUI offenses. This means any prior OUI conviction, no matter how old, counts as a prior offense. However, the 24D alternative disposition (explained below) is available for true first offenders and for those whose only prior OUI was more than ten years ago.

The classification of your OUI charge matters significantly. Even as a first offense, you’re facing serious penalties under M.G.L. Chapter 90, Section 24. If convicted of first offense OUI in Massachusetts, you face up to two and one-half years in jail, fines ranging from $500 to $5,000, and mandatory fees totaling $300 ($250 to the Head Injury Treatment Services Trust Fund and $50 to the Victims of Drunk Driving Trust Fund).

Your license situation is complex because multiple types of suspensions can apply. If you took a breathalyzer test and registered 0.08% or higher, you face an immediate 30-day administrative suspension. If you refused the breathalyzer, you face an immediate 180-day administrative suspension—this suspension is separate from any court-imposed penalties and runs consecutively. Upon conviction, an additional one-year license suspension applies, though the 24D program can significantly reduce this period.

Beyond criminal penalties, a first offense OUI can affect employment (particularly for commercial drivers), professional licenses, and auto insurance rates. These consequences can feel overwhelming, and they are serious. With experienced legal representation, many first offense clients avoid conviction entirely or successfully complete the 24D program, which results in no criminal conviction.

Understanding the court process helps reduce anxiety about what’s ahead, but navigating it successfully requires experienced counsel.

After your arrest, you’ll be arraigned in District Court, where you’ll be formally informed of the charges. At arraignment, the court may impose conditions of release. The weeks and months following arraignment involve critical pre-trial work. Your attorney will file motions to suppress evidence if police violated your constitutional rights. Motions to exclude breathalyzer results may be filed if testing procedures were not properly followed. Pre-trial conferences with the prosecutor may result in opportunities for case resolution.

The 24D Alternative Disposition
For first offense OUI cases, Massachusetts offers an alternative disposition under M.G.L. Chapter 90, Section 24D. Rather than proceeding to trial or entering a guilty plea, you may be eligible to have your case continued without a finding (CWOF) while you complete probation terms. The 24D disposition requires completion of an alcohol education program (typically 16 weeks), probation for up to two years (usually one year), and a license suspension of 45 to 90 days. Upon successful completion, your case is dismissed with no criminal conviction on your record. However, the 24D disposition counts as a prior offense if you’re charged with OUI again.

If you choose to go to trial, you have the right to either a jury trial or a bench trial before a judge. The prosecution bears the burden of proving guilt beyond a reasonable doubt. Massachusetts has some of the strictest OUI laws in the country, but the complexity of the legal process creates opportunities for experienced defense counsel to protect your rights. This is why you need an attorney who actually knows how to try these cases—not someone who pleads out every client.

Every OUI case is different, and the defenses available depend entirely on the specific facts of your situation. After reviewing the evidence, we look for weaknesses in the prosecution’s case.

Police must have reasonable suspicion to stop your vehicle and probable cause to arrest you for OUI. If the initial traffic stop was unlawful, all evidence obtained afterward may be suppressed. Field sobriety tests are notoriously unreliable and subject to many factors unrelated to intoxication—medical conditions, injuries, footwear, road conditions, weather, and nervousness all affect performance.

Breathalyzer machines must be properly calibrated and maintained according to Massachusetts regulations. The person administering the test must be properly trained and certified. Medical conditions like acid reflux, diabetes, or recent dental work can affect results. Your blood alcohol level continues to rise for 30 to 90 minutes after your last drink—if you had recently consumed alcohol before driving, your BAC at the time of the breath test may have been significantly higher than when you were actually driving.

The Commonwealth must prove that you operated the vehicle. In some cases, police arrive after an accident and don’t witness actual operation. These defenses are case-specific. Every case is different—call us to discuss YOUR specific situation and the defenses that may apply to your case. We never promise specific outcomes, but we can tell you honestly whether your case is worth fighting.

A first offense OUI charge feels like a crisis, and it demands serious attention. But it’s not the end of your story. With nearly 30 years of experience defending Massachusetts OUI cases, we know how to guide clients through this storm. We’ve seen hundreds of first offense cases, and we know what works. Being accused is traumatic. We understand. That’s why we combine aggressive legal defense with compassionate client care.

Don't face this alone — contact us today for a confidential consultation to discuss your case and explore your defense options.