The 24 hours after an OUI arrest in Massachusetts will shape everything that comes next — including whether you keep your license. Most people charged with a first-offense OUI don't know what to do, what not to say, or how quickly decisions need to be made. Here is what actually happens, and what you should do right now.

You Have 15 Days to Request a License Hearing

This is the deadline most people miss. If you took a Breathalyzer test and failed — or refused it — your license suspension begins immediately. You have 15 days from the date of arrest to request a hearing with the Registry of Motor Vehicles to challenge your suspension. Miss that window and you lose the right to contest it, regardless of what happens in your criminal case.

The criminal case and the RMV case are two separate proceedings. You can win your OUI case in court and still lose your license at the RMV — or vice versa. Both need to be addressed.

What a First OUI Offense Actually Means in Massachusetts

License suspension: 45 to 90 days for a first offense. Up to 180 days if you refused the Breathalyzer.

Fines: $500 to $5,000, plus court fees and surcharges that can bring the total to $1,500 or more.

Potential jail time: Up to 2.5 years, though first offenders rarely serve jail time with proper representation.

Criminal record: An OUI conviction stays on your Massachusetts driving record permanently and counts as a prior for sentencing for the rest of your life.

Insurance: Expect significantly higher rates for years after a conviction.

Three Things Not to Do After an OUI Arrest

1. Don't talk about the case to anyone. What you say to friends, family, or on social media can be used against you.

2. Don't assume a plea deal is your only option. OUI cases are frequently fought — and won — in Massachusetts. Breathalyzer calibration records, officer training files, field sobriety test protocols, and dashcam footage are all subject to challenge.

3. Don't wait to find a lawyer. Evidence needs to be preserved immediately. The sooner an attorney is involved, the more options you have.

The 24D First Offender Program

Massachusetts offers a disposition under G.L. c. 90 §24D that allows eligible first-time OUI offenders to avoid a full conviction by completing an alcohol education program and probation. But 24D still results in a CWOF that appears on your record, counts as a prior for future OUI purposes, and may affect professional licenses. Whether to accept it — or fight the charge — depends on the specific facts of your case.

Can an OUI Charge Be Beaten?

Yes. Attorneys successfully challenge charges based on improper traffic stops, field sobriety test errors, Breathalyzer machine reliability (the Draeger Alcotest 9510 has a documented history of challenges in Massachusetts courts), medical conditions that mimic intoxication, and lack of operation evidence. Every OUI case is different — the strength of your defense depends on the specific facts.

Sofio Law LLC — South Shore OUI Defense

Attorney Jessica R. Sofio represents clients at Hingham District Court, Plymouth District Court, Quincy District Court, and courts throughout Plymouth and Norfolk Counties. Call today for a free, confidential consultation.

(774) 801-9774 | info@sofio.law
Serving Rockland, Hingham, Norwell, Scituate, Pembroke, Plymouth, Quincy, and the South Shore.