What is the difference between DUI and OUI in Massachusetts?

In Massachusetts, OUI (Operating Under the Influence) is the legal term used instead of DUI. Both refer to driving while impaired by alcohol or drugs. Massachusetts uses Chapter 90, Section 24 to prosecute OUI offenses.

Can I refuse a breathalyzer in Massachusetts?

Yes, you can refuse a breathalyzer. However, under Massachusetts implied consent law, refusal results in an automatic license suspension of 180 days for a first offense. The refusal cannot be used as evidence of guilt in court.

Will I lose my license for an OUI in Massachusetts?

A first OUI offense typically results in a 45-90 day license loss. Hardship licenses may be available. An experienced OUI defense attorney can often reduce or challenge these penalties.

How long does an OUI case take in Massachusetts?

Most OUI cases in Massachusetts take 3-12 months to resolve depending on the court, evidence, and whether the case goes to trial. Early intervention by an attorney can sometimes resolve cases faster.

What is the 24D program for first-offense OUI in Massachusetts?

The 24D program is a first-offender OUI disposition in Massachusetts that results in a reduced license suspension of 45-90 days, mandatory alcohol education classes (ADSAP), and 1-year probation. It avoids a standard conviction and allows you to apply for a hardship license immediately. Attorney Mark J. Clifford advises clients on whether to pursue 24D or fight the charge at trial. Call (617) 501-0411 for a free evaluation.

Massachusetts DUI & OUI Defense Lawyer

Massachusetts DUI / OUI Defense Attorney

A DUI or OUI charge in Massachusetts is one of the most serious traffic offenses you can face. A conviction means mandatory license suspension, heavy fines, possible jail time, and a permanent mark on your record that employers, insurers, and courts can see. Attorney Mark J. Clifford has deep knowledge of Massachusetts OUI law — Chapter 90 Section 24 — and challenges breathalyzer results, field sobriety tests, and the legality of traffic stops.

What is OUI in Massachusetts?

Massachusetts law (G.L. c. 90, § 24) makes it illegal to operate a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol content (BAC) of 0.08% or higher. Commercial drivers face a lower threshold of 0.04%. There are also enhanced penalties for drivers under 21.

Penalties for OUI in Massachusetts

1st Offense: Up to 2.5 years in jail, $500–$5,000 fine, 1-year license loss
2nd Offense: Up to 2.5 years in jail, $600–$10,000 fine, 2-year license loss
3rd Offense (Felony): Up to 5 years in state prison, 8-year license loss
Mandatory alcohol education programs
Ignition interlock device requirements

How Clifford Defense Fights Your OUI Charge

Our experienced Massachusetts OUI defense attorneys know exactly how to challenge these charges. We thoroughly investigate every aspect of your arrest, including:

Validity of the traffic stop — did police have legal justification?
Field sobriety test administration — were tests performed correctly?
Breathalyzer calibration and maintenance records
Blood test chain of custody and laboratory procedures
Officer training and certification requirements
Constitutional rights violations during your arrest

Serving OUI Clients Across Massachusetts

We defend OUI clients in courts throughout Massachusetts — from Boston Municipal Court and Middlesex Superior Court to district courts in Worcester, Springfield, Plymouth, Essex, and every other county. Wherever your OUI charge was filed in Massachusetts, we can help.

Free Case Evaluation

Charged with DUI / OUI Defense? Speak with an experienced Massachusetts defense attorney today — free and confidential.

📅 Book Consultation 📞 Call (617) 501-0411

✓ Free consultation — no obligation
✓ Available 24/7 including weekends
✓ All information is confidential
✓ Serving all Massachusetts courts
✓ Payment plans available

Challenging DUI / OUI Evidence in Massachusetts — How We Win

Attorney Mark J. Clifford approaches every Massachusetts OUI case by immediately identifying weaknesses in the prosecution's evidence. Many OUI charges are built on faulty foundations that a skilled defense attorney can dismantle before trial.

🚗 Traffic Stop

Was the stop constitutional? No valid reason to pull you over = suppression of all evidence.

😤 Field Sobriety Tests

Standardized tests are frequently administered incorrectly — making results inadmissible.

💨 Breathalyzer

Faulty calibration, improper use, or medical conditions can invalidate breath test results.

📋 Police Report

Inconsistencies in officer observations and report writing create reasonable doubt.

Call (617) 501-0411 for a free evaluation of your Massachusetts OUI case.

🚗 DUI / OUI Defense in Massachusetts