A first DUI charge in Massachusetts has the potential for severe consequences. It pays to get the right legal counsel immediately and exhaust all possible avenues of defense. Attorney Jay Milligan is one of the top-rated OUI attorneys in the state, with more than 20 years of exclusive practice on OUI cases and over 100 five-star reviews.

Massachusetts is relatively strict compared to other states when it comes to first DUI/OUI penalties, especially with regard to maximum jail time. If you’re charged and convicted of a first DUI in Massachusetts, you risk consequences including:

The top priority with a first DUI offense is to avoid the worst possible penalties—and hopefully, any penalties at all. But unfortunately, if you’re convicted of OUI in Massachusetts, your first DUI offense will forever be on your criminal record.

Between the flashing lights and panicked thoughts, a first DU/OUI offense is always a stressful experience. But even if you’re arrested and charged with DUI, it doesn’t mean you’ll be found guilty in a court of law. You’re innocent until proven guilty. Not even a failed breathalyzer test is conclusive evidence of guilt since any number of variables could produce invalid results.

A first offense DUI conviction will result in a loss of your license to drive. It’s likely that your license was already suspended at the time of arrest from failing or refusing a breathalyzer test. If this suspension has concluded, a conviction will lead to a new and separate suspension. This is the most likely scenario since there’s a 30-day suspension for failing the breath test, and a 180-day suspension for refusing the test (for a first offense). Court cases tend to take longer than this to resolve.

OUI and DUI laws in Massachusetts follow the same basic guidelines, no matter whether it’s your first DUI or your fifth. Drivers who operate a motor vehicle on a public roadway—or any area with a public right of access—while their ability to drive is impaired by alcohol or drugs are “driving under the influence” and can be charged with an OUI/DUI.

The Massachusetts breathalyzer test is a tool used by law enforcement to determine driver impairment and gather evidence in support of OUI/DUI charges. In practice, however, the results of the test aren’t black and white. Below are five different ways a Massachusetts breathalyzer test can affect the outcome of a first DUI offense.

Declining an OUI or DUI breath test in Massachusetts is not a crime. Doing so prevents the prosecution from acquiring potentially incriminating evidence that can be used against you if you are charged with DUI/OUI. Breath test refusal means nothing in court on its own, and the prosecution will not even be allowed to reference the fact that you declined to take the test.

When facing a DUI/OUI first offense in Massachusetts, you’re going to have a couple of options to consider before and during your upcoming trial in court. Most first offenders have an opportunity outside of a Not Guilty verdict to escape a conviction. That opportunity takes the form of a Continuance Without a Finding.

When you’re charged with a first offense DUI/OUI in Massachusetts, it’s practically a guarantee that you’ll be facing a license suspension of some sort. However, the length of that suspension and the factors that dictate when you get your license back will depend on the specific circumstances around your case.