
DUI Lawyer in Brockton, MA
DUI Lawyer in Brockton, MA
A DUI charge in Brockton moves fast. Within hours of an arrest, the RMV can begin administrative proceedings against your license before your criminal case has even been scheduled.
If you are searching for a DUI lawyer in Brockton, MA, you need someone who understands exactly what Massachusetts law demands at each stage, because the decisions you make in the first 48 hours can shape everything that follows.
What Massachusetts OUI Law Covers
Under M.G.L. c. 90, § 24, you can be charged for operating a vehicle while impaired by alcohol, marijuana, prescription drugs, narcotics, stimulants, or certain inhalants. The per se BAC threshold for most adult drivers is .08. For drivers under 21, that drops to .02.
A first offense under § 24 carries fines between $500 and $5,000 and up to 2.5 years in jail. In practice, many first-time defendants qualify for the Section 24D disposition, a probation-based outcome that includes a driver alcohol education program and a license suspension of 45 to 90 days rather than a longer revocation. That is not automatic, though. It is unavailable if the incident involved serious injury or death, and it is a once-in-a-lifetime option.
That is usually where things turn. A prior OUI on your record shifts everything. A second offense brings a mandatory 30-day jail term before any credits apply. A third carries a 150-day minimum. The lookback period under Massachusetts law is unforgiving, and the RMV treats prior history as central to suspension length, hardship license eligibility, and ignition interlock device requirements.
Breathalyzer Refusal Has Its Own Penalties
Refusing the breath test does not protect you from suspension. Massachusetts is an implied consent state, which means refusal triggers an immediate administrative license suspension: 180 days for a standard first refusal, three years if you are under 21 or have a prior qualifying offense, and up to lifetime suspension with three or more priors.
Refusal suspension runs separately from any criminal penalty the court may impose. You can win your criminal case and still face the administrative suspension unless it is properly challenged.
How We Approach an OUI Defense in Brockton
As your DUI lawyer in Brockton, MA, we examine the full picture, including the reason for the initial stop, the administration of field sobriety tests, the calibration history of any breathalyzer device used, and whether your rights were observed throughout the process. We also look at whether § 24D applies, what the RMV suspension timeline looks like, and whether a hardship license is worth pursuing while the case is pending.
No two OUI cases are identical. The right approach depends on your prior record, the specific facts of the stop, and what outcome matters most to you.
Call our DUI lawyers in Brockton, MA, at (617) 404-8878 or reach out through our contact form. Riccio Law is available 24/7.