Massachusetts takes operating under the influence (OUI) extremely seriously. If you or a family member was arrested for OUI on Route 3, Route 44, or anywhere else on the South Shore, understanding your rights immediately is critical.

What Counts as OUI in Massachusetts?

Under M.G.L. c. 90, Section 24, you can be charged with OUI if:

• Your blood alcohol concentration (BAC) is 0.08% or higher (0.02% for drivers under 21)

• You are impaired by alcohol, marijuana, or any substance - even with a BAC below the legal limit

• You are operating a motor vehicle on a public way

First Offense Penalties

A first OUI offense in Massachusetts carries:

• Fine: $500 to $5,000

• License suspension: 45 to 90 days

• Jail: Up to 2.5 years (though first offenders rarely serve time)

• Probation: Typically 1 year with mandatory alcohol education

• 24D Program: Most first offenders qualify for this reduced disposition

Second and Subsequent Offenses

Penalties escalate dramatically:

• Second offense: Minimum 30 days jail, 2-year license loss, mandatory inpatient treatment

• Third offense: Felony charge, minimum 150 days jail, 8-year license loss

• Fourth offense: Minimum 1 year state prison, permanent license revocation

Massachusetts also has a lifetime lookback - a prior OUI from 30 years ago still counts as a prior offense.

Common Defense Strategies

An OUI charge is not a conviction. Strong defenses include:

Challenging the stop. If the officer lacked reasonable suspicion to pull you over, evidence may be suppressed.

Field sobriety test issues. These tests are subjective and can be affected by medical conditions, fatigue, or road conditions.

Breathalyzer reliability. Massachusetts courts have previously ruled certain breathalyzer models inadmissible due to calibration issues.

Rising BAC defense. Alcohol absorbs into the bloodstream over time. Your BAC at the time of the test may have been higher than when you were driving.

What to Do After an OUI Arrest

1. Say as little as possible - politely decline to answer questions beyond identifying yourself

2. Contact a criminal defense attorney immediately

3. Request a hearing if your license was suspended - you have limited time to act

4. Write down everything you remember about the stop and arrest while it is fresh

Sofio Law LLC has represented clients facing OUI charges throughout Plymouth County and the South Shore. Contact us today for a confidential consultation.