OUI Attorney in Boston, MA

Boston OUI Defense Since 1991. Trial & Appellate Representation in One Firm.

An OUI charge in Massachusetts sets two processes in motion at once: a criminal case in court and an administrative license action through the Registry of Motor Vehicles. Both have deadlines that begin immediately after arrest. At Gens & Stanton, P.C., we have defended clients in Boston and Suffolk County courts continuously since 1991, and we handle both tracks from the first call through trial or appeal.

Our firm is licensed in Massachusetts, New Hampshire, and New York, so representation doesn’t stop at state lines. We maintain offices in Boston and Cape Cod, and when you call, you speak directly to the attorney working your case, not a junior staff member who doesn’t know your file.

Facing an OUI charge in Boston or Suffolk County? Call our OUI attorneys at (617) 206-4675 to discuss your situation and what comes next.

What an OUI Charge Means Under Massachusetts Law

Massachusetts uses the term OUI, Operating Under the Influence, rather than DUI or DWI. The charge carries the same legal weight. Under Massachusetts General Laws Chapter 90, Section 24, it is a crime to operate a motor vehicle with a blood alcohol concentration of .08% or greater, or while impaired by alcohol, marijuana, narcotic drugs, depressants, or stimulant substances.

Massachusetts is an implied consent state, meaning a driver who is lawfully arrested for OUI is deemed to have consented to a breath or blood test. Refusing that test doesn’t produce evidence the prosecution can use against you at the criminal trial, a protection under Article 12 of the Massachusetts Declaration of Rights. But refusal triggers a separate, automatic license suspension through the RMV regardless of what happens in court.

One more factor distinguishes Massachusetts from most other states: Melanie’s Law, enacted in 2005, established a lifetime look-back rule. Every prior OUI conviction counts against you no matter when it occurred. A conviction from 20 years ago still escalates current charges. And unlike many states, Massachusetts doesn’t allow an OUI conviction to be removed from your driving record. It’s permanent.

OUI Penalties by Offense Level

The consequences of a conviction depend heavily on your prior record. Here’s what each level carries:

First-Offense Penalties & the CWOF Option

A first-offense OUI can result in up to 2.5 years in jail, fines between $500 and $5,000, and a license suspension of up to one year. Many first-time defendants pursue a Continuance Without Finding, commonly called a CWOF. A CWOF is a disposition where the court does not enter a formal guilty finding. Instead, you complete probation and a 16-week alcohol education program. License suspension is typically 45 to 90 days, and a hardship license may be available during that period. It isn’t a dismissal, but it can help avoid a conviction on your record.

Second-Offense Penalties

A second OUI carries a minimum sentence of 60 days in jail, with 30 days mandatory, up to 2.5 years in prison, and fines between $600 and $10,000, along with a longer license suspension. A prior CWOF counts as a prior offense under Melanie’s Law.

Third Offense & Above

A third OUI is a felony in Massachusetts, carrying mandatory jail time, fines from $1,000 to $15,000 or more, and extended or permanent license loss.

Beyond the courtroom, a conviction can affect jobs that require driving, professional license eligibility, housing applications, and insurance premiums that persist after reinstatement. Breath test refusal carries its own administrative suspension: 180 days for a first offense, and three years, five years, or a lifetime for drivers with prior OUI history.

How We Build an OUI Defense

No two OUI cases are identical. We review every police report, video, and piece of evidence before recommending any strategy. That review often surfaces details that can change the direction of a case.

Challenging the Traffic Stop

A lawful stop requires the officer to have articulable reasonable suspicion that a law was being violated. A stop that doesn’t meet that standard may allow us to seek suppression of everything gathered after it.

Challenging Field Sobriety Tests

The walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests aren’t perfectly reliable. How the officer administered each test matters. Procedural errors can be grounds to challenge the results.

Challenging Breath Test Evidence

A breath test machine must be properly calibrated, certified, and administered correctly for results to be admissible. Defects in any of those areas can support a motion to suppress. Under Massachusetts law, the fact that a defendant refused a breathalyzer cannot be disclosed to a jury at the criminal trial.

Negotiation, Trial, & Appeals

Where the evidence supports it, we negotiate with prosecutors to seek charge reductions or dismissals. When it doesn’t, we take the case to trial. And if a trial produces a result that can be challenged, we handle the appeal.

Why Boston Clients Choose Gens & Stanton, P.C. for OUI Defense

We’re a boutique firm, which means clients talk directly to their attorney from the first call through resolution. One of our principal attorneys served as an instructor at Harvard Law School and graduated with honors from Tulane University. That foundation shapes how we read statutes, write motions, and construct arguments in Suffolk County courtrooms.

We explain every fee clearly at the start. We return calls and emails quickly because waiting for an answer during a criminal matter creates real stress. We explain the process in plain English at every stage, and we’ve supported clients who speak English as a second language so that language barriers don’t stand between anyone and a fair defense. One client trusted us with their legal matters for over 14 years. That kind of relationship doesn’t happen without honest communication and ongoing representation.

Our practice also covers civil litigation, business law, and professional licensing matters. That breadth lets us advise OUI clients on how a charge may affect a professional license, a business contract, or other legal interests alongside the criminal defense. We see the full picture, not just the charge in front of us.

Talk to a Boston OUI Lawyer Today

The decisions made in the days after an OUI arrest shape how the case develops. If you’re facing a charge in Boston, Suffolk County, or anywhere in Massachusetts, we can review your situation and explain your options honestly.

Gens & Stanton, P.C. has served this community since 1991. Call our OUI lawyers at (617) 206-4675 to schedule a consultation.