OUI/DUI Lawyer in Uxbridge

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

Facing an OUI/DUI charge in Uxbridge, Massachusetts, can have serious legal and personal consequences, including fines, license suspension, and possible jail time. Massachusetts has strict drunk driving laws, making experienced legal representation essential.

Protect Your Rights with Expert OUI/DUI Defense in Uxbridge

At Gilman Law, we provide expert OUI/DUI defense in Uxbridge, leveraging deep legal knowledge and insider experience to fight for your rights. We understand Massachusetts' strict drunk driving laws and know how to challenge evidence, negotiate reduced penalties, and restore driving privileges. Book a consultation with us today to learn more about your legal rights and options.

What Is the Difference Between OUI and DUI in Massachusetts?

Massachusetts law uses the term "Operating Under the Influence" (OUI) rather than "Driving Under the Influence" (DUI). While other states may distinguish between DUI, DWI (Driving While Intoxicated), and OUI, in Massachusetts, OUI is the legal term encompassing all instances of operating a vehicle while impaired by alcohol or drugs.

OUI is defined as operating a motor vehicle on a public way with a blood alcohol content (BAC) of 0.08% or higher or while impaired by alcohol or drugs. Regardless of the terminology, the penalties and legal procedures remain the same.

What Type of Law Covers OUI/DUI in Uxbridge?

OUI/DUI offenses in Uxbridge fall under Massachusetts criminal and administrative law. The Massachusetts Registry of Motor Vehicles (RMV) handles license suspensions, while criminal charges are prosecuted in the District Courts. In Uxbridge, these cases are typically heard in the Uxbridge District Court.

The relevant laws include:

Massachusetts General Laws, Chapter 90, Section 24 (OUI-related offenses and penalties)
Chapter 90, Section 24D (First-offense diversion programs)
Massachusetts Implied Consent Law (BAC testing requirements and refusal penalties), which is further discussed below

Penalties for OUI/DUI Offenses in Massachusetts

Massachusetts imposes strict penalties for OUI offenses, including:

First Offense: Up to 2.5 years in jail, fines between $500 and $5,000, license suspension for up to one year.
Second Offense: Mandatory minimum of 30 days in jail, up to 2.5 years, fines from $600 to $10,000, and a two-year license suspension.
Third Offense: Felony charge with 180 days to five years in prison, fines from $1,000 to $15,000, and an eight-year license suspension.
Fourth and Subsequent Offenses: Increased penalties, longer jail time, and permanent license revocation.

In addition to these penalties, offenders may be required to install an ignition interlock device (IID) and complete alcohol education programs.

The Role of Implied Consent Law

Under Massachusetts' Implied Consent Law (Mass. Gen. Laws ch. 90, § 24), all drivers automatically consent to chemical testing if suspected of OUI. Refusing a breathalyzer test results in immediate license suspension:

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

Even if you refuse the test, the prosecution can still convict you based on other evidence, such as field sobriety tests and officer observations.

How an OUI/DUI Conviction Can Impact You

A conviction for OUI can affect multiple aspects of your life, including:

Employment: A criminal record can limit job opportunities, particularly for positions requiring driving.
Insurance Rates: Auto insurance premiums can skyrocket after an OUI conviction.
Professional Licenses: Doctors, nurses, and other licensed professionals may face disciplinary action.
Travel Restrictions: Some countries, such as Canada, restrict entry for individuals with DUI convictions.

The Legal Process for Uxbridge OUI/DUI Cases

Arrest and Booking: If stopped for suspected OUI, you may be arrested and taken to the police station for booking.
Arraignment: Your first court appearance where you enter a plea.
Pre-Trial Conference: Negotiations with the prosecution and potential motions to dismiss evidence.
Trial or Plea Bargain: Your case may proceed to trial or resolve through a plea deal.
Sentencing and RMV Hearing: If convicted, sentencing occurs, and RMV hearings determine your license status.

How a Specialized OUI/DUI Lawyer Can Assist You

Challenging the Legality of the Traffic Stop and Arrest

A police officer must have reasonable suspicion to initiate a traffic stop and probable cause to make an arrest. If law enforcement violates your constitutional rights—such as conducting an unlawful stop or failing to properly administer Miranda warnings—your attorney can file a motion to suppress evidence, which could result in dismissal or reduction of charges (Mass. Gen. Laws ch. 90, § 24).

Disputing the Accuracy of Breathalyzer and Field Sobriety Tests

Breathalyzer results and field sobriety tests (FSTs) are critical in OUI cases but are not always reliable. Breathalyzers must be calibrated appropriately, and outdated or unapproved devices can render results inadmissible (Commonwealth v. Camblin, 471 Mass. 639 (2015)). Field sobriety tests may also be affected by medical conditions, uneven surfaces, and poor police instructions. A skilled attorney can challenge the validity of these tests and seek their exclusion from evidence.

Negotiating Reduced Charges or Alternative Sentencing

An experienced OUI attorney can negotiate plea deals or reduced charges. In Massachusetts, first-time offenders may qualify for a 24D Disposition, which allows for shorter license suspensions and enrollment in an alcohol education program instead of jail time (Mass. Gen. Laws ch. 90, § 24D). A lawyer may also seek probation or alternative sentencing to lessen the long-term effects of an OUI conviction.

Representing You at RMV Hearings to Restore Your License

An OUI arrest can lead to an immediate license suspension by the Massachusetts RMV. An experienced attorney can help challenge the suspension at RMV hearings and, in some cases, restore your driving privileges, which is crucial for work, family, or medical needs.

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

At Gilman Law, we provide exceptional legal representation for individuals facing OUI/DUI charges in Uxbridge. With a deep understanding of Massachusetts OUI laws and extensive experience in criminal court and RMV proceedings, we know what it takes to challenge charges effectively. As a former RMV Hearing Officer, Attorney Matthew Gilman has insider knowledge of the system, giving our clients a distinct advantage when fighting license suspensions, breathalyzer refusals, and criminal penalties.

Unlike other law firms, we prioritize transparency, accessibility, and results. We offer flat-fee pricing with no hidden costs, so you know exactly what to expect. You’ll work directly with an experienced attorney, not a junior associate or case manager. Our aggressive defense strategies are tailored to the specifics of your case, whether that means challenging the legality of the stop, disputing field sobriety and breathalyzer tests, or negotiating reduced charges. Our track record speaks for itself—with numerous dismissals, reduced sentences, and license reinstatements for our clients.

An OUI charge doesn’t have to define your future, but acting quickly is critical. Massachusetts enforces strict deadlines for RMV hearings and legal proceedings, and the sooner you have a skilled OUI lawyer on your side, the better your chances of success. Let us put our experience, knowledge, and aggressive advocacy to work for you. Contact Gilman Law today to schedule a consultation and start building your defense.