The following are a list of questions that I am frequently asked by people charged with a Massachusetts OUI offense. You can click on the links to read the answer to each questions. If you have additional questions, feel free to call or send an email with your questions and I will be glad to answer it.

Can I avoid jail time on a 3rd Offense Massachusetts drunk driving charge?

What are the qualities of the Best Massachusetts DUI lawyers?

Can I be charged with OUI in Massachusetts if the breathalyzer test results are below .08?

Can I Get a Hardship License on a Massachusetts First Offense OUI Charge?

What is a Cahill Disposition in a 2^nd Offense Massachusetts OUI Charge?

Will the jury know I refused a breathalyzer test in a Massachusetts OUI trial?

Can I handle a Massachusetts OUI charge without a lawyer?

What is the impact on my CDL license of a Massachusetts OUI charge?

Is OUI a misdemeanor or felony?

A Massachusetts DUI is a misdemeanor unless the person has two prior OUI convictions, meaning that an OUI only becomes a felony upon conviction of a 3rd offense.

• Click here to read more about the classification of drunk driving in Massachusetts as a felony or misdemeanor charge.

Will I have to have the ignition interlock installed if convicted?

• The ignition interlock is only required in Massachusetts upon conviction of a 2nd offense OUI. Click here to read more about when Massachusetts DUI law requires the installation of the ignition interlock device.

What is a per se DUI?

A per se DUI is referred to in a case where a motorist submit to a breathalyzer and the reading was over .08. In a case with a breathalyzer reading, the Commonwealth will proceed by trying to offer the breathalyzer result into evidence. However, the case can still be won, by excluding the breathalyzer test or by offering other defenses to the accuracy of the test results.

What if a failed the field sobriety tests can I still win my case?

The police report is only one side of the story; the field sobriety tests can be interpreted in many different ways to show that your performance was better than what the officer gave you credit for; that other things you did and explained indicate that you were not impaired and that these tests are not reliable indications of whether someone is under the influence but general balancing and coordination tests.

Do I have to testify if the case goes to trial?

An OUI defendant, like any individual charged with a criminal offense does not have to testify and the failure to testify cannot be considered by the judge or jury. While any defendant has the absolute right to testify, in many cases, I recommend that my client not testify as their testimony is unnecessary as the Commonwealth's case is weak from the start. Prior to any trial, I go over the benefits and risk of any client testifying in court so that an informed decision can be made whether the client will testify. Generally, there is little to be gained by a client testifying.

How long will it take to have a trial?

Cases usually take between six months and one year, depending on the court and the circumstance of each case. Time generally helps a person charged with OUI as the officer's recollection of the incident fades over time.

What is a CWOF?

A CWOF, is known as a continuance without a finding. While it is technically not a conviction, the Registry of Motor Vehicles treats a CWOF as a Guilty for the persons of counting the number of OUI/DUI offenses a motorist has committed.

Are the results of the preliminary breathalyzer test admissible?

The results of the PBT or preliminary breathalyzer test are inadmissible as the PBT has never been deemed scientifically reliable.