Massachusetts First Offense OUI


Client charged with a First Of- fense OUI after being in a car accident, admitting to drinking 3 beers and failing field sobriety tests. Client found NOT GUILTY.

Client charged with First Offense OUI and breath test of .14, al- leged that she was speeding, failed field sobriety tests. Client found NOT GUILTY.

Client charged with 1st Offense OUI, and blew a .10 on the breath test at the police station. Client found NOT GUILTY after trial when expert testimony was used to show the inaccuracies of breath test results.

Were you charged wih your first drunk driving charge?

If you were charged with a first offense OUI, the entire ordeal can be incredibly intimidating at first. This might be your first time in court or first interaction with the law in general. Many clients experience extreme embarrassment and feel social pressure from those around them to get the case over and done with as soon as possible.

Do not let the urge to just get this over with prevent you from first understanding the law and legal defenses that are available to you.

There is no rush to resolve a First Offense OUI.

The plea offer in almost all cases will be the same right up to the moment of trial. Once you admit to the charge, the case is over and the consequences will remain without you having an opportunity to contest the case at trial. It is important to take the time up front to understand the law and how your case can be defended in court before trying to resolve it

Here are the facts on first offense OUI charges:

“The Commonwealth’s burden of proof on a first offense, like a second, third or fourth offense, is to prove the charge beyond a reasonable doubt, which means to a near moral certitude under Massachusetts law.”

  • You are not alone: a first Offense OUI charge one of the most common misdemeanor charges in the Massachusetts district court system.
  • An OUI charge is difficult for the Commonwealth to prove in Court. The evidence is based on un- reliable field sobriety tests, performed under unfair, difficult conditions that are judged by the very same officer administering the tests. Since the offense is opinion-based, it can be difficult for the Commonwealth to prove beyond a reasonable doubt.
  • There is usually is little risk to taking a First Offense OUI to trial. It is important to hire an experi- enced Massachusetts DUI lawyer as the court, judge and aggravating circumstances of the case could change that assessment. However, generally dispositions after trial, imposed by the judge at sentencing, are similar to those offered prior to trial. Judges do not typically penalize an individual who elects to go to trial on a First Offense OUI.
  • The consequences of an OUI are particularly severe. You can read about the court costs for a First Offense OUI in Massachusetts here. A first offense conviction will result in increased insur- ance costs, having to comply with probation, complete an alcohol education program known as the 24D program, and result in potentially greater consequences for a subsequent or second of- fense. Accordingly, it is important to carefully consider whether the Commonwealth can prove the OUI charge against you.

What to do Next
Attorney DelSignore has represented numerous individuals charged with a Massachusetts 1st Offense OUI/DUI and will completely review your case to determine the strengths and weaknesses of the Commonwealth’s case to assist you in deciding how to proceed in court. You can call him directly at 781-686-5924