Being arrested for OUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced OUI attorney will help you understand all of your rights and options. 

What happens if I was arrested for OUI?
Under Massachusetts law, once you have been cited for violating the OUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Massachusetts Registry of Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Massachusetts law, an individual has 15 days to request a hearing from the Registry of Motor Vehicles.  If you fail to request a hearing within 15 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Registry of Motor Vehicles within 15 days.      

OUI Penalties for First Time Offenders

Jail Time
A first time OUI offender will face imprisonment of up to 2 ½ years.

Monetary Fines
The fine for a first time OUI is a minimum of $500.00, up to a maximum of $5,000.00.

Driving Privileges
An OUI conviction results in the revocation of driving privileges for 1 year.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 180 days.

Commercial Drivers
Commercial drivers are in violation of the  statute with a blood alcohol content (BAC) of 0.04.  A first time OUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent OUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of an alcohol and drug remedial education program is required for reinstatement of driving privileges.   

OUI Subsequent Offenses
Penalties are increasingly more severe for any additional OUI violations.  Due to the complexity of OUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.