If you’ve been arrested for DUI (Driving Under the Influence) or OUI (Operating Under the Influence) in Massachusetts, you’re facing more than just a legal charge — you’re confronting a life-altering situation. A conviction can impact your job, your ability to drive, your criminal record, and even your freedom.
Whether you were charged in Boston, Quincy, Attleboro, or elsewhere in the state, Riccio Law offers experienced, strategic defense tailored to your specific case. With offices in Quincy and Attleboro, we provide hands-on, attorney-led support across Massachusetts.
Understanding DUI and OUI Charges in Massachusetts
What Constitutes DUI and OUI?
In Massachusetts, the term OUI is used instead of DUI, but they’re functionally the same. OUI stands for Operating Under the Influence, and it covers not just alcohol, but also marijuana, prescription medications, and other drugs that impair your ability to drive safely.
You can be charged with OUI if:
- Your BAC is 0.08% or higher
- Your driving behavior suggests intoxication (e.g., weaving, slurred speech, or failure to perform field sobriety tests)
This applies to drivers of all ages, including those under 21, who face even stricter “zero tolerance” rules.
Consequences of a DUI or OUI Conviction
Even a first-time OUI conviction can have lasting effects, including:
- Hefty fines and court fees
- Mandatory alcohol education programs
- Increased insurance premiums
- A permanent criminal record
- Jail time (in certain cases)
For repeat offenses or aggravated cases, the penalties escalate dramatically.
DUI and OUI Penalties in Massachusetts
First-Time Offenses
If it’s your first offense, you may be eligible for a 24D Disposition, which includes:
- A reduced license suspension (typically 45–90 days)
- Mandatory participation in an alcohol education program
- Probation instead of jail
However, even a first-time conviction stays on your record permanently and counts as a prior offense in the future.
Repeat Offenders & Melanie’s Law
Massachusetts passed Melanie’s Law in 2005 to crack down on repeat OUI offenders. It includes harsh penalties, such as:
| Offense |
License Suspension |
Fine |
Jail Time |
Other Consequences |
| Second |
2 years |
$600–$10,000 |
60 days to 2.5 years |
Ignition interlock required |
| Third |
8 years |
$1,000–$15,000 |
180 days to 5 years |
Felony status, vehicle forfeiture |
Melanie’s Law also increases penalties for anyone who refuses a breathalyzer if they’ve been previously convicted.
Aggravating Factors That Increase Penalties
You may face enhanced sentencing if:
- A child was in the vehicle
- Your BAC was 0.15% or higher
- You caused injury or property damage
- You were driving on a suspended license
- You refused chemical testing
In such cases, judges and prosecutors often push for harsher penalties, including longer license suspension and jail time.
Note: Massachusetts law allows immediate license suspension if you refuse a breathalyzer — even before trial. This is part of the state’s “implied consent” doctrine.
Riccio Law’s Approach to DUI/OUI Defense
Personalized Legal Strategies for Every Case
At Riccio Law, we don’t rely on templates. Every case is different, and so is our defense approach. We begin with a detailed review of:
- The traffic stop and whether it was lawful
- Calibration records for breathalyzers
- Whether your constitutional rights were violated
If we find flaws in police procedures or weak evidence, we’ll work to suppress that evidence or even get charges dismissed.
Experience in Local Courts Across Massachusetts
Attorney Riccio has handled DUI and OUI cases across district courts throughout Massachusetts, including:
- Bristol County (Attleboro)
- Plymouth, Middlesex, and more
This local knowledge is critical. Each court — and even each judge — can approach these cases differently. We tailor our strategy accordingly.
Common Defense Strategies for DUI/OUI Charges
Challenging Field Sobriety Tests
These tests can be unreliable. Factors like:
…can all lead to “failing” the test even if you’re sober. We carefully examine how the test was conducted — and whether it was fair.
Questioning Breathalyzer Accuracy
Breathalyzers must be:
- Operated by certified officers
- Used according to strict protocols
We request maintenance logs and officer certifications. If the equipment was faulty or procedures weren’t followed, your test results may be inadmissible.
Investigating Rights Violations
If your rights were violated, we may be able to exclude critical evidence. Common issues include:
- Improper Miranda warnings
- Denied access to legal counsel
These errors can result in case dismissals or reduced charges.
Statewide Representation with Offices in Quincy and Attleboro
Although Riccio Law’s physical offices are located in Quincy and Attleboro, we serve clients statewide, including:
We’re equipped to handle your case virtually or in-person, depending on your needs.
“From your first phone call to the final outcome, you’ll speak directly with your attorney — not a case manager or paralegal.”
FAQs: What Massachusetts Drivers Often Ask
Can I refuse a breathalyzer test?
Yes, but doing so triggers automatic license suspension under the state’s implied consent law — even if you’re not convicted. For a first refusal, you face a 180-day license suspension.
Will a DUI or OUI stay on my record forever?
Yes. In Massachusetts, these offenses cannot be sealed or expunged. They stay on both your criminal and RMV record for life and count against you in future offenses.
Can I get a hardship license?
Possibly. You may qualify for a hardship license if you show proof of hardship (e.g., work, medical needs) and enroll in an alcohol education program.
What is Melanie’s Law?
Melanie’s Law imposes tougher penalties on repeat offenders. It mandates ignition interlock devices, longer suspensions, and felony charges for third offenses.
Is a lawyer necessary for a first DUI?
Absolutely. Even a first offense can lead to permanent consequences. A lawyer can help you explore alternatives like 24D programs and challenge weak evidence.
Can Riccio Law represent me if I was charged in Boston?
Yes. While our offices are in Quincy and Attleboro, we handle DUI/OUI cases across Massachusetts, including Boston courts.
Get a Free Consultation with a Massachusetts DUI Lawyer
At Riccio Law, we understand how stressful a DUI or OUI arrest can be. Before speaking to police or prosecutors, speak to an attorney who knows how to protect your rights.
We offer free, confidential consultations — no obligation, just clear guidance.
Call or Request a Case Review Today
Whether you were arrested in Quincy, Attleboro, Boston, or anywhere in Massachusetts, Riccio Law is here to fight for your future.
You deserve more than just legal defense. You deserve a plan.
