Massachusetts OUI Penalties Are Changing For First Offenders

It’s well-known that Massachusetts OUI penalties already stand among the tougher sets of consequences in the nation, with the highest maximum potential jail time for first offenders among all U.S. states.  The penalties for a first offense OUI in Massachusetts could potentially include: 

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How to Defend a Third Offense Under Massachusetts OUI Law

Massachusetts OUI law is very clear on the status of third offenses. Unlike first and second offenses, there is no possible chance of receiving a lenient alternative 24D disposition—even if your first or second convictions are decades old, out of state, or were resolved with a CWOF (Continuance Without a Finding).

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Breath Test Results Aren’t Final. What Can Throw Off a Breathalyzer?

From license suspensions to courtroom evidence, breath test results can have a massive impact on the outcome of OUI charges in Massachusetts. Generally speaking, there are three possible results of a breathalyzer test as pertains to the court: a failed test, a passed test, and a refused test.

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What Happens When a Resident of Another State Gets an OUI in Mass?

Out-of-state residents who are charged with OUI in Mass will have to navigate a few unique legal scenarios. This is partially because of the strict nature of the local OUI laws in Massachusetts—the state with the most potential jail time for first offenders—but also because of how Massachusetts interacts with other states. Let’s break it down.

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How Long Does a First Offense DUI in Massachusetts Stay on Your Record?

It can be frightening to get charged with a first offense DUI in Massachusetts (where it’s locally termed “Operating Under the Influence” or OUI). After all, a drunk driving charge on your record can affect employment opportunities, your driver’s license, and a whole lot more in your personal life. It’s common to wonder how long that OUI first offense will affect you.  

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First DUI Conviction: Is it a Felony or Misdemeanor?

Your first DUI conviction (or OUI conviction in Massachusetts) is most likely considered a misdemeanor. This is because both first and second offenses are categorized as misdemeanors in Massachusetts unless serious circumstances such as death and severe injuries are involved.  Only conviction for a 3rd and subsequent OUI will always result in a felony on your criminal record.

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3 Things You Need to Know About Your First DUI Court Appearance

Your first DUI court appearance in Massachusetts, as in any other state, is the arraignment. This is simply a time to read the charges against you and determine how you would like to plead in your case: Guilty or Not Guilty. Typically, the court will automatically enter a Not Guilty plea on the arraignment date.

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How to Get Your First DUI Dismissed Without a Conviction

Getting a first OUI / DUI dismissed may sound like a far-fetched idea, but with the right Massachusetts attorney on your side, it doesn’t have to be. 

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Should I Get a Lawyer For My First DUI / OUI in Massachusetts?

The first thing you should do when facing a DUI / OUI in Massachusetts is to contact an attorney. You’re going to have a lot of pressing questions and concerns about your OUI charge, and a DUI / OUI lawyer is the person who can help you work through them. So, if you’re asking yourself, “should I get a lawyer for my first DUI or OUI charge,” the answer is an emphatic yes!

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Is It Possible to Get First DUI Charges Dropped Before the Trial?

First DUI charges (also called OUI if you live in Massachusetts) are a big deal, but they don’t always lead to a disastrous long-term impact on your life. Two of the best possible outcomes are to see the OUI / DUI charges dropped before trial or to obtain a Not Guilty verdict after trial. 

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