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Massachusetts First Offense OUI

Key Takeaways:
  1. Avoid rushing into a plea to get the case over with;
  2. OUI cases are very winnable even with a failed breath test;
  3. Make sure to understand the license implications immediately after you arrest.
Were you charged wih your first drunk driving charge?


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.

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:

    In this video, Attorney Michael DelSignore explains the court process and how to get your license back after being charged with a first offense OUI in Massachusetts.

  • 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 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.”

    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

Recommended Pages

You can check out the following pages for further information on first offense OUI charges.

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 Ashwani
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! He 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 Michael for his 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 over and over again. Claire