OUI/DUI Lawyer in Newton

Name: Newton, MA
Brand: Gilman Law
Rating: 4.9 (587 reviews)

Massachusetts has some of the toughest drunk driving laws in the country, and without proper legal representation, you could be facing steep penalties, a criminal record, and long-term consequences.

Protect Your Future With Expert DUI Defense in Newton

Facing an OUI/DUI charge in Newton can be overwhelming, but you don’t have to go through it alone. A conviction can jeopardize your license, career, and future, making it crucial to have a knowledgeable and aggressive defense attorney by your side.

At Gilman Law, we specialize in OUI/DUI defense. We leverage our extensive experience and insider knowledge as a former RMV hearing officer to navigate the complexities of Massachusetts drunk driving laws. We understand the science behind breathalyzer tests, the nuances of field sobriety testing, and the legal strategies that work.

Our firm has successfully defended countless clients, helping them avoid harsh penalties, reinstate their licenses, and protect their records. Book a consultation with us today for trusted, results-driven OUI/DUI defense.

What Is the Difference Between OUI and DUI in Massachusetts?

Many states use the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated), but Massachusetts law refers to drunk driving offenses as OUI (Operating Under the Influence).

The distinction is important: in Massachusetts, you do not need to be physically driving a vehicle to be charged with OUI—simply being in control of the vehicle while impaired is enough for an arrest.

Whether your charge is labeled DUI, OUI, or DWI, the penalties and legal process remain the same under Massachusetts law.

What Type of Law Covers OUI/DUI?

OUI/DUI offenses in Newton fall under Massachusetts General Laws Chapter 90, Section 24, which outlines the legal limits, penalties, and enforcement mechanisms for operating a vehicle while impaired. The law applies to alcohol, illegal drugs, and even prescription medications if they impair your ability to drive safely. Massachusetts enforces strict penalties for OUI offenses, making it essential to have a skilled defense attorney on your side.

Penalties for OUI/DUI Offenses in Massachusetts

The penalties for an OUI conviction in Massachusetts depend on the number of prior offenses and the specifics of your case:

First Offense

Up to 2.5 years in jail
Fines between $500-$5,000
License suspension of up to 1 year

Second Offense

60 days to 2.5 years in jail
Fines from $600-$10,000
A 2-year license suspension

Third Offense (Felony OUI)

180 days to 5 years in prison
Fines between $1,000-$15,000
An 8-year license suspension

Additional Consequences

Ignition interlock device installation
Mandatory alcohol education programs
Increased insurance costs

The Role of Implied Consent Law in Massachusetts

Massachusetts enforces an implied consent law under Mass. Gen. Laws ch. 90, § 24(1)(f)(1), meaning that by obtaining a driver’s license, you automatically agree to submit to chemical testing—such as a breathalyzer or blood test—if law enforcement suspects you of Operating Under the Influence (OUI).

Refusing these tests carries severe administrative penalties that can impact your ability to drive:

First refusal: 180-day license suspension.
Second refusal: 3-year license suspension.
Third refusal: 5-year license suspension.

Refusal also does not guarantee avoiding an OUI conviction. Prosecutors can use a refusal against you in court, arguing that it indicates consciousness of guilt (Commonwealth v. Conkey, 430 Mass. 139, 141 (1999)).

How an OUI/DUI Conviction Can Impact You

A conviction for OUI/DUI extends beyond fines and license suspensions. It can affect your ability to:

Secure employment, especially in roles requiring a clean driving record
Obtain professional licenses in fields such as healthcare, law, and commercial driving
Maintain affordable car insurance, as premiums may skyrocket
Travel internationally, as some countries restrict entry for individuals with DUI convictions

What to Expect During the Legal Process for Newton OUI/DUI Cases

Arrest & Booking: Law enforcement detains you and records your information.
Arraignment: You appear before a judge to enter a plea.
Pre-Trial Hearings: Your attorney negotiates with the prosecution and files motions to challenge evidence.
Trial or Plea Agreement: If no plea deal is reached, the case proceeds to trial.
Sentencing & License Reinstatement: If convicted, sentencing is determined, and reinstating your license becomes a priority.

How a Specialized OUI/DUI Lawyer Can Assist You

Analyzing arrest procedures for constitutional violations, including unlawful traffic stops and improper police conduct
Challenging the accuracy of breathalyzer and field sobriety tests, leveraging expert analysis to dispute unreliable evidence
Negotiating reduced penalties or alternative sentencing, such as 24D programs, to help you avoid harsh consequences
Representing you at RMV hearings to reinstate your license as quickly as possible
Defending you aggressively in court, using our knowledge of Massachusetts OUI statutes, scientific evidence, and procedural defenses to fight for the best possible outcome

Hear From Our Clients

Matt Gilman is the best lawyer you could ever hire. He is compassionate, understanding and he is there to help people who have made mistakes/bad decisions that they would not normally do. I’m a recovering alcoholic in treatment, but I did some stupid things when I was drinking and Matt didn’t judge me, he just wanted to help me get on with my life by representing me in court. He is professional, reliable, and respectful. I can’t say enough good things about him. Everyone who works at Gilman Law has made me feel like I can call anytime and they are all very nice. Ashley and Mandy always respond right away if I have questions or concerns. If you’re in need of a lawyer, I highly recommend Matt Gilman.

M.M.

Why Select Gilman Law as Your OUI/DUI Attorney in Newton?

At Gilman Law, we are more than just defense attorneys; we are trusted advocates who understand the high stakes involved in an OUI/DUI case. Attorney Matthew Gilman offers unparalleled experience as a former RMV hearing officer, giving him insider knowledge of the system that many other defense attorneys lack. This expertise allows us to navigate complex legal and administrative processes with precision, ensuring we maximize every opportunity to protect your rights, minimize penalties, and restore your driving privileges. Our deep understanding of Massachusetts OUI laws, RMV procedures, and trial defense strategies makes us uniquely qualified to handle even the toughest cases.

We take a client-focused approach to OUI/DUI cases, examining every detail—from the traffic stop's legality to breathalyzer reliability—to identify violations and weaknesses in the prosecution's case. We work with forensic experts to challenge evidence and negotiate for dismissals, reduced charges, or alternative sentencing. Our success relies on thorough preparation, innovative defense tactics, and a commitment to protecting our clients' futures.

Choosing Gilman Law means you get proven results and a dedicated legal team focused on your success. We understand that an OUI/DUI charge can significantly impact your life, and we're committed to providing expert defense and personalized attention. With a strong track record in Newton and across Massachusetts, we’re ready to fight for you. Don’t let an OUI conviction derail your future—book a consultation with Gilman Law today and take control of your defense.