First Offense OUI in Boston

Boston OUI Defense at the Trial & Appellate Level

In Massachusetts, a DUI charge is formally called OUI (Operating Under the Influence) and is governed by M.G.L. c. 90, Section 24. For most people, a first offense OUI in Boston is the first time they’ve faced any criminal charge, and the stakes are real: a permanent mark on your driving record, a license suspension, and a criminal case prosecuted by the Suffolk County District Attorney’s office with no informal resolution pathway. Acting quickly matters.

Gens & Stanton, P.C. has practiced continuously in Boston-area courts since 1991. Our boutique structure means you work directly with the attorney handling your case. Attorney Bradford R. Stanton represents clients at both the trial level and the appellate level, a combination not commonly offered under one roof.

Facing a first offense OUI in Boston? Call us today at (617) 206-4675 for a free consultation. The sooner we review your case, the more options may be available to protect your interests.

What a First-Offense OUI Conviction Carries in Massachusetts

Under M.G.L. c. 90, Section 24, a first-offense OUI conviction brings fines between $500 and $5,000, up to 2.5 years in a house of correction, and a one-year driver’s license suspension. Jail time is uncommon for a first offense but becomes more likely when the BAC reading is elevated or an accident was involved.

Beyond the immediate penalties, a first-offense OUI conviction is permanent in Massachusetts. It can’t be expunged, and any future OUI charge, regardless of how many years pass, is treated as a subsequent offense with significantly enhanced penalties. Drivers 21 and older face OUI charges at a BAC of 0.08% or above; drivers under 21 can be charged at 0.02%. If you refused a breathalyzer at the time of your stop, a separate 180-day license suspension attaches automatically, independent of what happens in your criminal case.

First-time offenders convicted under Section 24 must also complete a state-approved alcohol education program. In some cases, the court orders the installation of an ignition interlock device. Car insurance premiums increase substantially after a conviction, and some carriers cancel policies entirely.

The Section 24D First-Offender Program

Most first-offense OUI cases in Massachusetts resolve through M.G.L. c. 90, Section 24D, commonly called the 24D disposition or first-offender program. Under this pathway, the defendant accepts probation and completes an alcohol education program in exchange for a shortened license suspension. In most cases, no OUI conviction is entered on the record. A judge may also allow the defendant to apply for a hardship license to drive to work or school during the suspension.

Eligibility for the 24D disposition requires no prior OUI history. But the 24D pathway is one possible outcome, not the only one. Depending on the facts of your stop and arrest, we may pursue dismissal, suppression of evidence, or a not-guilty verdict at trial. Our goal is to identify the strongest path based on your specific circumstances, not to steer every case toward one result.

How We Build a First Offense OUI Defense

A first offense OUI case is built on evidence that can be challenged at multiple points. We review everything: the reason the officer initiated the stop, the conditions under which field sobriety tests were administered, the calibration and maintenance records for the breathalyzer device, the officer’s certification to administer that test, and the accuracy of the police report itself.

Elements the Prosecution Must Prove

The prosecution must establish each element of the charge: that you were operating a motor vehicle, in a public place, while under the influence or with a BAC of 0.08% or above. Each element is subject to challenge. An unlawful stop can lead to suppression of the evidence that followed. Field sobriety tests are subjective and must follow standardized protocols; deviations in administration or road conditions can undermine their weight. Breathalyzer results carry their own vulnerabilities depending on device history and officer conduct.

Our Preparation & Appellate Capability

Our trial attorneys prepare extensively for every court appearance and build a specific strategy around the facts of each case. Boston Municipal Court judges and the Suffolk County District Attorney’s office have established patterns; our decades of local court experience help us anticipate and prepare for them. If a trial outcome is unfavorable, Attorney Stanton has the appellate capability to challenge it in a higher court. You won’t need to find new counsel to take that next step.

Collateral Consequences Beyond the Criminal Case

Your arraignment in Boston Municipal Court creates a CORI (Criminal Offender Record Information) entry before any conviction is entered. That entry exists even if the case is later dismissed or resolved favorably. This is why retaining counsel before your arraignment date matters: early defense strategy can shape how the record develops from the very first court appearance.

For licensed professionals, the consequences extend beyond the criminal courts. Healthcare workers, attorneys, teachers, and financial advisors in Boston may face licensing board investigations triggered by an OUI arraignment, separate from the criminal outcome. Non-citizens should be aware that an arraignment can carry immigration consequences before any conviction is entered. A strong first-offense OUI defense can address both the criminal and professional dimensions of your case at once.

Why Boston Clients Bring Their OUI Cases to Gens & Stanton, P.C.

Attorney William E. Gens graduated cum laude from Tulane University Law School and served as an adjunct instructor at Harvard University Law School. That foundation shapes how we read case law, construct motions, and identify arguments that other firms may pass over. Attorney Stanton’s trial and appellate record means our team stays with you through every stage, without hand-offs to outside counsel.

Direct Access & Honest Communication

Our boutique structure means you speak directly to the attorney on your case, not to staff who have to look up your file before answering. Clients consistently describe us as responsive, honest about what to expect, and upfront about fees from the first conversation. One client maintained that relationship for over 14 years.

Multi-State Licensing & Recognition

We’re licensed in Massachusetts, New Hampshire, and New York, including the U.S. District Court for the District of Massachusetts, so the same team can handle your matter if it crosses state lines. Super Lawyers recognition reflects what clients and peers have said about our work. What we’d rather point to: we don’t take a generic approach to any case. We read your file, we know your facts, and we build the DUI defense around what the evidence actually shows.

Get a Free Consultation on Your First Offense OUI Case

Time is a factor in a first offense OUI case in Boston. Early retention gives us the most opportunity to review the evidence, engage with the prosecution, and protect your record before your arraignment date. We offer a free initial consultation, respond quickly to calls and emails, and explain our fees clearly from the start with no surprise billing.

Call Gens & Stanton, P.C. at (617) 206-4675 or reach us through our online contact form. Tell us what happened, and we can tell you honestly what your options are.