DUI Lawyer in Brookline, MA

If you were arrested for drunk or drugged driving in Brookline, you are dealing with one of the more consequential criminal charges that Massachusetts law has. The state takes these cases seriously from the moment of the stop, and the decisions you make in the first hours and days can shape everything that follows. Working with a DUI lawyer in Brookline, MA, early gives you the clearest picture of where you stand and what your options are.

What Massachusetts OUI Law Covers

Massachusetts OUI law covers both alcohol and drug impairment under the same statute. You can be charged whether your BAC was .08 or higher, or simply because the evidence suggests you were impaired. For drivers under 21, the threshold drops to .02.

People assume a charge only sticks if there is a high BAC reading. In reality, the prosecution can pursue an impairment theory with field sobriety observations, officer testimony, and other evidence, even when chemical test results are absent or disputed.

The Consequences

A first OUI in Massachusetts carries up to 2.5 years in jail, fines between $500 and $5,000, and additional mandatory assessments. That said, eligible first offenders may qualify for the § 24D program, a probationary disposition that includes a driver alcohol education program and a license suspension of 45 to 90 days rather than a full criminal sentence. It is not automatic, though. The § 24D option is unavailable if you caused serious injury or death, and it carries strict eligibility rules tied to your prior record.

Second OUI convictions carry a 30-day mandatory minimum, days that must actually be served. A third pushes that to 150 days, with state prison now on the table. And your record does not just affect jail time, as prior OUI history shapes your suspension, IID requirements, and hardship license eligibility, too.

Breathalyzer Refusal Penalties

Refusing the breathalyzer does not protect you from consequences. Massachusetts is an implied consent state, meaning the act of driving is treated as consent to chemical testing. Refusing triggers an automatic RMV suspension of 180 days for a standard first refusal, three years if you are under 21 or have a prior qualifying offense, and up to lifetime revocation with three or more priors.

Melanie’s Law, which reshaped Massachusetts OUI enforcement, also ties ignition interlock device requirements to multiple-offender cases and certain first-offender situations. The IID must remain in place for a minimum of two years for multiple offenders, and if it is part of a hardship license, the clock does not start until after that restricted period ends.

Reach Out to Riccio Law Today

Our DUI lawyer in Brookline, MA, can review the specific facts of your stop, the testing procedures used, and the evidence the prosecution is working with. Our DUI lawyers in Brookline, MA, handle cases across the full range, from first offenses and 24D eligibility to repeat charges and Melanie’s Law implications. If you are facing an OUI charge, call us at at (617) 404-8878 or use the contact form.