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Is OUI in Massachusetts a felony or a misdemeanor?

Most states vary in their definitions of misdemeanor and felony offenses; however, the majority of states, including Massachusetts, classify a first offense OUI as a misdemeanor. For many, being charged with a First OUI, it is not a felony, but it can still have some significant consequences. Even when there is an accident or high breath test result, it does not become a felony unless there is a serious injury or it is a third offense.

However, it is important to note that an OUI offense can become a felony if it involves either of the two following situations:


What should you know about a first offense OUI?

While a First Offense OUI is a misdemeanor offense it still carries the potential for a license suspension, requirements that you complete an Alcohol Education Program and would count as a First Offense conviction.

While the offense is a misdemeanor, you should understand the license consequences and defenses to your case and not enter into any plea agreement without knowing the defenses to your case.

  • The Key point for you to understand when charged with a First Offense OUI:
  • The cases are often winnable at trial;
  • Failing a Breath test does not mean your case cannot be won;
  • In many cases there is little downside to fighting the case, meaning your penalty after trial and on a plea are not significantly different.

If you have any questions about whether OUI is a felony or misdemeanor you can contact Attorney DelSignore at 781-686-5924


Get an overview of key issues in defending an OUI cased at trial.

You can also download my free book Understanding Massachusetts Drunk Driving Laws to learn more about your defenses and the process of defending a Massachusetts OUI charge in Court.

Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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