We frequently hear from individuals who have prior DUI / OUI convictions on their permanent record, and are seeking a way to have them removed. Is it possible? In short, the answer is that this is not easy or likely in most cases. But can a DUI be expunged at all in the state of Massachusetts? Technically, it is possible for any criminal conviction in MA to be expunged if it fits an uncommon and specifically defined set of circumstances.

Q: How Long Does a DUI Stay on Your Record in Massachusetts? A: Individual state laws always determine the length of time that a DUI stays on your record. However, the first thing to understand is that you actually have two individual records where a conviction for DUI will be recorded: your driving record and your criminal record.

If you’ve recently received a notice like this in the mail, you may have questions about its legitimacy or what it might mean for your previous criminal OUI case. First of all, YES, this is an authentic notice from the court system of Massachusetts. It was sent to let you know that you may be entitled to have a prior conviction for OUI in Massachusetts overturned and permanently removed from your record.

Ignition Interlock Devices, or “IIDs,” are essentially personal breathalyzer devices that are intended to prevent a drunk individual from starting a car. An IID is temporarily installed in the motor vehicles of many people recently convicted of OUI so as to require the driver to pass a breath test of their Blood Alcohol Content (BAC) before the vehicle will be able to start.

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:

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).

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.

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.

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.