A Massachusetts DUI and OUI lawyer can help you address the serious legal consequences that follow an arrest for driving or operating under the influence. In Massachusetts, these charges can result in license suspension, heavy fines, and a lasting criminal record.
If you were stopped in Quincy, Attleboro, Boston, or anywhere else in the state, Riccio Law provides direct legal representation from Attorney Anthony Riccio—a former prosecutor with over 12 years of trial experience. With offices in Quincy and Attleboro, Attorney Riccio defends individuals facing both first-time and repeat DUI/OUI charges across the Commonwealth.
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.
OUI Offense Levels in Massachusetts
In Massachusetts, Operating Under the Influence (OUI) charges escalate with each offense, bringing harsher penalties and more complex legal challenges. Whether you’re facing a first-time OUI or a fifth-or-higher offense, Anthony Riccio Law provides expert defense tailored to your case. Explore the specific penalties and defense options for each offense level below.
First Offense OUI
A first offense OUI in Massachusetts may result in fines up to $5,000, license suspension for up to one year, and potential jail time of up to 2.5 years. Eligible defendants may pursue the 24D disposition program for probation and education. Our team can challenge evidence like breathalyzer results to reduce penalties.
Learn more about First Offense OUI Defense.
Second Offense OUI
A second offense OUI carries steeper penalties, including fines up to $10,000, a two-year license suspension, and up to 2.5 years in jail. Ignition interlock devices may be required upon license reinstatement. We explore defenses like field sobriety test inaccuracies to protect your rights.
Explore Second Offense OUI Penalties and Defense.
Third Offense OUI
A third offense OUI is a misdemeanor with fines up to $15,000, an eight-year license suspension, and mandatory jail time of 150 days to 2.5 years. Building a strong defense is critical to avoid severe consequences. Our firm leverages extensive experience to challenge evidence and seek reduced charges.
Discover Third Offense OUI Defense Strategies.
Fourth Offense OUI
A fourth offense OUI is a felony, with fines up to $25,000, a 10-year license suspension, and 2 to 5 years in prison. Ignition interlock devices are mandatory for life upon reinstatement. Our aggressive defense strategies aim to minimize life-altering penalties.
Find Out About Fourth Offense OUI Defense.
Fifth Offense OUI or Higher
A fifth or higher OUI offense is a serious felony, with fines up to $50,000, lifetime license revocation, and 2.5 to 5 years in prison. These cases require sophisticated defense to challenge evidence and protect your future. We provide relentless representation for repeat OUI charges.
Learn About Fifth Offense OUI Charges and Defense.
No matter the OUI offense level, Anthony Riccio Law is your trusted Massachusetts DUI and OUI defense firm. Contact us today for a free consultation to discuss your case and start building your defense.
DUI and OUI Penalties in Massachusett
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.
Areas We Serve Across Massachusetts
Riccio Law provides aggressive DUI/OUI defense throughout Massachusetts. Whether you’re facing charges in a major city or a smaller town, we’re ready to help. We serve clients in:
- Suffolk County – Boston, Revere, Jamaica Plain
- Middlesex County – Cambridge, Framingham, Lowell, Malden, Newton, Somerville, Waltham
- Norfolk County – Quincy, Brookline, Dedham
- Essex County – Lawrence, Salem, Haverhill
- Worcester County – Worcester, Fitchburg, Leominster
- Plymouth County – Brockton, Plymouth
- Bristol County – Attleboro, Fall River, New Bedford
If you’ve been charged with DUI or OUI in any part of the Commonwealth, contact Riccio Law for a strong, strategic defense.
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.
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.
