OUI/DUI Lawyer in Taunton

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

In Massachusetts, Operating Under the Influence (OUI) is a serious offense with severe penalties, including license suspension, hefty fines, and possible jail time. A conviction can impact your job, insurance, and future. With strict laws and implied consent rules, expert legal defense is crucial.

You Deserve Expert DUI Defense in Taunton, Massachusetts

If you’ve been charged with OUI/DUI in Taunton, you need an attorney who understands Massachusetts law inside and out. Attorney Matthew Gilman, a former RMV hearing officer with extensive experience handling complex OUI cases, offers aggressive legal representation backed by a deep understanding of both courtroom defense strategies and RMV administrative procedures. Don’t face this legal battle alone—book a consultation with us today for expert DUI defense in Taunton.

What Is the Difference Between OUI and DUI in Massachusetts?

In Massachusetts, Operating Under the Influence (OUI) is the legal term used in statutes, whereas Driving Under the Influence (DUI) is a commonly used but unofficial term. Unlike some states that distinguish between the two, Massachusetts law treats OUI and DUI as interchangeable offenses. Whether alcohol or drugs are involved, the prosecution must prove impairment to secure a conviction.

What Type of Law Covers OUI/DUI in Taunton?

OUI/DUI offenses in Taunton fall under Massachusetts General Laws Chapter 90, Section 24, which governs impaired driving offenses, penalties, and administrative consequences.

This law establishes legal intoxication thresholds: a Blood Alcohol Content (BAC) of 0.08% or higher for adults and 0.02% for drivers under 21.

Additionally, Massachusetts follows implied consent laws, meaning drivers must submit to chemical testing upon request.

Penalties for OUI/DUI Offenses in Massachusetts

Penalties for an OUI/DUI conviction depend on factors like prior offenses and aggravating circumstances and may include the following:

First Offense: Up to 2.5 years in jail, fines of $500-$5,000, license suspension of up to one year.
Second Offense: Minimum 30 days in jail, maximum 2.5 years, fines between $600-$10,000, and a two-year license suspension.
Third Offense: Felony charge, mandatory 150-day jail sentence, fines of $1,000-$15,000, and an eight-year license suspension.

The Role of Implied Consent Law

Under Mass. Gen. Laws ch. 90, §24, Massachusetts’ implied consent law means that by operating a vehicle, you agree to submit to chemical testing if suspected of OUI. Refusing a breathalyzer test results in an automatic license suspension:

First refusal: 180-day suspension.
Second refusal: Three-year suspension.
Third refusal: Five-year suspension.

Challenging a license suspension due to refusal requires legal expertise—an area where Gilman Law excels.

Potential OUI/DUI Conviction Impact

Driver’s License Suspension Impacts Employment and Daily Life

Losing your license can make commuting to work, attending medical appointments, or fulfilling family obligations difficult or impossible. Without a hardship license, individuals may struggle to maintain employment, mainly if their job requires driving.

Increased Insurance Premiums – Often Thousands per Year

An OUI conviction leads to significant increases in auto insurance rates. The Massachusetts Division of Insurance reports that drivers with an OUI on their record often fall into the highest risk category, causing their premiums to more than double.

According to the Insurance Information Institute (III), some insurers may refuse to renew policies, forcing individuals to seek coverage through the more expensive Massachusetts Auto Insurance Plan (MAIP).

A Permanent Criminal Record Can Affect Future Job Opportunities

Massachusetts law classifies a first-time OUI as a misdemeanor, but it remains on your CORI (Criminal Offender Record Information). Many employers conduct background checks, and an OUI conviction can limit job prospects, particularly in fields requiring security clearances, professional licenses, or commercial driver’s licenses. Mass. Gen. Laws ch. 90F, §10 states that a CDL holder convicted of an OUI will face a one-year disqualification for a first offense and a lifetime ban for a second offense.

Installation of an Ignition Interlock Device for Repeat Offenders

Massachusetts requires an Ignition Interlock Device (IID) for second and subsequent OUI convictions. Anyone reinstating their license after a second OUI must use an IID for at least two years. These devices require drivers to pass a breathalyzer test before starting their vehicle, and violations can result in additional suspensions or revocation.

Given these lasting consequences, fighting an OUI/DUI charge with an experienced attorney is critical. Attorney Matthew Gilman, a former RMV hearing officer, has successfully defended countless clients against OUI charges, helping them retain their driving privileges, avoid excessive penalties, and protect their future.

The Legal Process for Taunton OUI/DUI Cases

Arrest & Booking: Officers process the suspect and record BAC results.
Arraignment: The defendant pleads guilty or not guilty.
Pretrial Conference: Both sides negotiate potential resolutions.
Motion Hearings: Legal arguments challenge evidence or procedural errors.
Trial or Plea Agreement: The case proceeds to trial, or a plea deal is reached.
Sentencing: If convicted, penalties are imposed based on the offense level.

How a Specialized OUI/DUI Lawyer Can Assist You

Facing an OUI/DUI charge in Massachusetts can be overwhelming, but having a skilled, specialized attorney on your side can make a significant difference in the outcome of your case. Here’s how:

Case Dismissal Strategies

Many OUI cases can be challenged or dismissed if procedural errors or improper police conduct are uncovered. A specialized attorney like Matthew Gilman will carefully analyze the following:

The legality of the traffic stop
Field sobriety test accuracy
Breathalyzer and blood test issues, as Massachusetts' breathalyzer machines have a history of calibration issues, with some results ruled inadmissible in court

RMV Hearing Representation

One of the most immediate concerns after an OUI charge is the potential loss of your driver’s license. Keep the following in mind:

Massachusetts implied consent laws impose automatic license suspensions for breath test refusals or failures
An experienced lawyer can challenge your suspension at an RMV hearing to restore your driving privileges
As a former RMV hearing officer, Matthew Gilman knows the system inside and out
He has helped numerous clients regain their licenses through hardship licenses, appeal hearings, and expert legal arguments

Negotiation With Prosecutors

Not all OUI cases go to trial—many can be resolved through plea negotiations, which can significantly reduce penalties. For example:

A first-time offender may qualify for a 24D Disposition, which avoids jail time and reduces license suspension in exchange for an alcohol education program
In some cases, an attorney can get an OUI reduced to reckless driving or negligent operation, avoiding a permanent OUI conviction
If you have prior OUI convictions, an experienced attorney can argue for reduced jail time, probation, or treatment programs instead of harsher penalties

Aggressive Trial Defense

Attorney Gilman is prepared to fight aggressively if your case goes to trial. He uses his extensive experience to:

Cross-examine arresting officers and expose inconsistencies in their testimony
Challenge unreliable breathalyzer results due to improper calibration or maintenance records
Debunk flawed field sobriety tests, showing how medical conditions, poor lighting, or nervousness can lead to false failures
Present expert witnesses, such as toxicologists, to cast doubt on BAC results and impairment claims

Why Choose Gilman Law as Your OUI/DUI Attorney in Taunton?

When facing an OUI/DUI charge in Massachusetts, choosing the right attorney can mean the difference between keeping your license and facing severe penalties. Our team offers unparalleled insight into both courtroom defense and administrative license appeals and craft defense strategies that many other attorneys overlook. Whether challenging the legality of a traffic stop, breathalyzer reliability, or field sobriety test administration, our expertise gives clients a critical advantage.

Attorney Gilman’s strategic approach focuses on identifying weaknesses in the prosecution’s case, leveraging procedural errors, and negotiating favorable outcomes. With flat-fee pricing and no hidden costs, our clients receive transparent, high-quality legal representation without financial surprises. More importantly, our firm prioritizes client communication and personalized defense strategies, ensuring you are informed and supported at every step.

An OUI/DUI conviction can have life-changing consequences, from license suspension and increased insurance rates to a permanent criminal record. With so much at stake, securing experienced legal counsel is essential. Don’t leave your future to chance—book a consultation with Gilman Law today and take the first step toward protecting your rights, license, and livelihood.