Get the Facts on the DUI Penalty You’re Facing

The following is a list of both the most likely and the maximum penalties you are facing if you are found guilty of an OUI in Massachusetts. Drunk driving cases are a very complicated area of the law, and this information can be hard to understand. That’s why I try to lay out “The real deal” for you, and I’ll also be happy to speak with you to explain it to you in plain English.

DUI Attorney Russell Matson on Fox25Also remember, OUI laws change frequently, and the impact of a prior conviction on your record can have unforeseen negative consequences in the future. The Registry also regularly changes requirements for getting your drivers license reinstated, or getting a hardship license.

If you’ve been arrested, you want to know what you are facing, and what your options are. That’s why it makes sense to get a case evaluation from an experienced lawyer who handles drunk driving cases everyday.

If you fight the case and win at trial, your penalty is nothing. That’s what I focus on in my law practice. I win my OUI cases more than 2/3s of the time. I can also help you work out the minimum penalty allowed by law if you chose to plead guilty (or CWOF).

Call me NOW! or anytime, 24 hours a day at (781) 380-7730.

Massachusetts DUI & OUI Laws and Penalties

First Offense
Second Offense
Third Offense
Fourth Offense
Fifth Offense or Greater

OUI – Drugs

You can be charged with operating under the influence of any intoxicating substance, including drugs like marijuana, heroin, cocaine, and even prescription drugs.

The charges and penalties are essentially the same as a drunk driving charge, but the defense is a bit different. And the charges can often be much harder to prove, since there is no “breathalyzer” for drugs.

Read more on how we fight and win OUI Drugs cases.

OUI With Serious Bodily Injury – Penalties

If you are charged with an OUI where someone is injured or killed, the case can get much more complicated, and extremely serious.

You can face penalties of 6 months to 2.5 years in House of Correction or 6 months to 10 years in State Prison depending on how it is charged and prosecuted.

Even a drunk driving charges where there is possibly a minor injury or accident can get messy to resolve quickly. We’ve had cases where a person had minor to non-existent injuries, but the prosecutor didn’t want to let the case go without multiple confirmations that the person wasn’t really hurt.

So it can take some legal wrangling to fight and win OUI with injury cases, or even get a reasonably standard plea deal for a continuance without a finding.

But we have a lot of experience with these situations, so if your OUI charge has a possible serious injury attached, let me know right away, and we’ll go over it together.

Child Endangerment by OUI

If when you are arrested for OUI, there is a minor child under 14 in the car, you face an additional charge of Child Endangerment by Operating Under the Influence.

This additional charge and penalty is only in effect if you are convicted of the underlying drunk driving charge.

Penalties for Child Endangerment by OUI

First Offense:  An additional 1 year license suspension consecutive with any other driver’s license suspension period.

Second Offense: Mandatory 6 months in jail, and an additional consecutive 3 year loss of driver’s license.

Legal Help and Advice on Massachusetts Drunk Driving Laws

Remember that almost no case is unwinnable. Some cases do have challenging facts, and I always give my clients a realistic view of what we can expect for an outcome. But an experienced attorney like myself will always find the positive elements in a case to establish reasonable doubt.

I’ve won many cases that looked nearly hopeless. Even when the facts look bad and there isn’t much for us to work with, there’s always a real chance that the DA or the police will fumble at trial and give us a chance to win.

You’d be surprised how often this happens. Prosecutors often drop the ball on evidence procedures, and are also frequently unable to prove prior offenses, especially if the previous convictions are more than a decade old. So even if you lose, you may not be facing the mandatory penalties you think.

If you are looking at jail time on a 3rd, 4th, or 5th offense OUI, it nearly always makes sense to go to trial, and make them prove their entire case against you. I’ve won many multiple offense drunk driving trials.

Call me and we’ll talk about what I can do for you.

Further Reference and Reading:



Call me for a free consultation at – 781.380.7730

© 2015 The Law Offices of Russell J Matson, PC

44 Adams St, Suite 5
Braintree, MA 02184

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    Founding Attorney