What You Need to Know About the Cost of Drunk (Working Under the Influence) Driving In Massachusetts

As much as we drank a drink at a bar, at a friend's house or at a work event and thought I had only a few, so it's okay to drive home. For some it is an expensive decision and they are accused of operating under the influence (OUI).

What you should know about OUI allegations is that if an experienced attorney is hired early, it can make a difference in the world. In the OUI case, the Attorney General has to prove a few things beyond a reasonable doubt, we call these parts elements of the crime. In the case of OUI, the elements of the offense are: 1.) the accused; 2.) operated the motor vehicle;

We will take these elements of OUI one by one. It may sound outrageous, but it must be proven beyond a reasonable doubt that they have the right person before the court. This is simple enough to prove, but requires some kind of identification or circumstantial evidence; the testimony of a police officer or the testimony of a civilian who was at the scene of the alleged crime will usually be sufficient.

Second, in order to prove the OUI, the plaintiff must prove beyond a reasonable doubt that you operated the motor vehicle. Re-proving this element is usually not that difficult, but a trained experienced lawyer may be able to use this area to your advantage. The specific facts of your case will be decisive for the defense's sustainability on this issue.

Third, in order to prove OUI, the prosecutor must prove beyond a reasonable doubt that the operation of the vehicle occurred in a public manner. Again, this may seem like an easy matter to prove, but for an inexperienced prosecutor this element may be overlooked, which allows an experienced OUI lawyer to secure a directed verdict or not guilty. Simply put, the prosecutor must prove that the operation took place in an area that is generally public for vehicle management.

Lastly, the Attorney General must prove that your ability is impaired or that your blood alcohol content is above the a.08 level. If the individual facts of the case allow, the prosecutor can proceed with both theories.

Starting with the latter, whether you have a blood alcohol level of 0.08 will be proven by a blood test or more often by a breath test. However, if you refused to take any type of examination, this theory of prosecution will not be available, and with the fact that the refusal was unacceptable at the Massachusetts trial. It is important to have an experienced OUI defense attorney, especially a former prosecutor, as they are well aware of potential issues that may prohibit the use of this evidence at trial or how to invalidate it if they come to trial.

By proving the first theory of whether you have impaired your ability to drive a specified motor vehicle, many factors will ultimately play a role in the outcome. They often include, but are not limited to, observations of driving behavior (disturbed driving), observations of you at the time of the alleged offense (blurry speech, ability to stand, blood in glass eyes, ability to understand), whether tests have been performed field sobriety and what where the results are (usually standing on one leg or walking and turning in nine steps). It is important to remember that refusals of field sobriety tests cannot be used as evidence against you. An experienced drunk driving lawyer is well versed in the manual on how these off-road sobriety is conducted and can often punch holes in the testimony of a chief clerk at trial.

Of final consideration is whether this is a subsequent OUI, Massachusetts allows a life-long backward look, so if you were ever found guilty or continued without seeking an OUI in any state in your life, you could be charged with the appropriate following offenses and increased penalties , below I have listed potential penalties. In practice, this means that the prosecutor must have a second trial if you are found guilty of OUI at the first trial, this is what is called a bifurcated trial. The prosecutor in this second trial must prove beyond a reasonable doubt that in fact you have already been convicted of a previous drunken crime. Evidence of the following is often done by checking court documents, live testimonials, and the motor vehicle data register. Again, this element is hyper technical and requires an experienced lawyer to fight it.


1st OUI outfit

Imprisonment for a felony: Not two years before Executive imprisonment Penalty: $ 500 to $ 5,000

Suspension of license: 1 year, permit for difficulty considered for 3 months for work or school and general difficulty for 6 months

Alternative disposition of first offense:

Conditional probation with mandatory participation in a 24d drug offender education program

The license is suspended for 45 to 90 days, and the difficulty is usually available after completion of the 24d program entry.

2nd OUI outfit

Imprisonment for a felony: Not less than 60 days, not more than two years Penalty: $ 600 to $ 10,000

License Suspension: 2 years work / school difficulties are considered 1 year, general difficulties 18 months

The requirement for a hardship license is to install an ignition interlock device for at least 2 years.

Alternate scheduling of part two:

Trial with a 14-day treatment program paid by the offender.

Eligible for first instance if he or she has had only one prior offense older than 10 years


Imprisonment: Not less than 180 days, not more than 5 years State prison

It can be used in treatment programs in correctional facilities

Fine: $ 1,000 to $ 15,000

Suspension of license: 8 years, difficulties in work / education considered for 2 years, general difficulties for 4 years

The condition of any difficulty permit is the installation of an ignition interlock device for at least the period of difficulty.


Imprisonment: No less than two years (minimum 1 year mandatory), not more than 5 years

Penalty: $ 1,500 to $ 25,000

Suspension of license: 10 years, difficulties in work / education considered for 5 years, general difficulties for 8 years

The condition of any difficulty permit is the installation of an ignition interlock device for at least the period of difficulty.

Fifth OUI

Imprisonment in the House for the commission of criminal offenses: Not less than two ½ years (minimum mandatory 24 months), not more than 5 years (criminal offense)

Fine: $ 2.00 to $ 50,000

License Suspension: Lifetime, No Difficulty


First work $ 500.00

Second offense $ 700.00

Third work $ 1,200.00