Mobile Icons

Text DelSignore Law at 781-686-5924 with your name and what kind of charge you are texting regarding.

Will I go to Jail for OUI in Massachusetts?

DUI in Massachusetts is a serious crime and can result in jail. In fact, it is the most serious crime many will face. Additionally, often the motorist charged has little or no experience with the criminal justice system and doesn’t know where to turn.

Typical Offense Procedures for DUI Offenses:

  1. First Offense: Jail time is rarely imposed. The typical disposition after trial or on a plea agreement is a 1-year probation period with the condition of completing the 24D Alcohol Education Program.
  2. Second Offense: The likelihood of jail time will depend on the judge hearing the case, the length of time between offenses, and the strength of the charge against the motorist. On a plea agreement, most judges will order probation with the requirement of completing an in-patient alcohol program that is 14 days. After trial, the risk of jail time depends on several factors, you should discuss with an experienced Massachusetts DUI attorney.
  3. Third Offenses and Higher: a 3rd offense carries a mandatory minimum jail sentence of 150 days while a 4th offense carries a one year mandatory sentence.

Penalties authorized under Massachusetts OUI Law:


Whether you go to jail or not will depend on several factors including:

  • Was there an accident involved?
  • Do you have a previous drunk driving conviction?
  • Have you violated your probation? Violating probation can mean jail time with little or no ability to fight for your freedom because probation hearings are impose a lesser standard of proof to establish a violation.
  • Have you sought representation from a dedicated and experienced Massachusetts criminal defense lawyer?

An experienced defense lawyer will contest issues such as:

  • Suspicion for the traffic stop
  • Results of field sobriety and breathalyzer tests
  • The officer’s training and conduct at the scene
  • Cases in which a defendant is arrested at a field sobriety checkpoint or law enforcement roadblock will be aggressively challenged

Massachusetts Drunk Driving Defense Lawyer Michael DelSignore fights to protect the rights of motorists charged with DUI throughout the Commonwealth.

Looking for more information?
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