OUI vs. DUI: Is There a Difference in Massachusetts?
In Massachusetts, “OUI” (Operating Under the Influence) and “DUI” (Driving Under the Influence) are often used interchangeably in everyday conversation. However, under state law, “OUI” is the official legal term.
As defined in Massachusetts General Laws Chapter 90, Section 24, an OUI charge applies when someone operates a vehicle while impaired by alcohol or drugs—regardless of whether the substance involved is legal or illegal.
What Laws Govern OUI/DUI Charges in Woburn?
If you’re facing an OUI or DUI charge in Woburn, your case may involve both criminal and administrative proceedings—each carrying serious consequences.
Criminal Proceedings
OUI charges are prosecuted in District Court under Massachusetts General Laws Chapter 90, Section 24. This process typically includes an arraignment, pretrial motions, and possibly a trial. A conviction can result in:
- Incarceration
- Hefty fines and court costs
- Probation
- Mandatory alcohol education programs
- A permanent criminal record
The criminal court determines whether you’ve committed a crime and issues penalties accordingly.
Administrative Proceedings
On the civil side, the Registry of Motor Vehicles (RMV) handles the administrative aspects of your case. These hearings are not about guilt but focus solely on your driving privileges. You may be subject to:
- Immediate license suspension—even before your court date
- Penalties for declining a breathalyzer under the Implied Consent Law
- Installation of an ignition interlock device
- Designation as a habitual traffic offender
Though administrative, these sanctions can severely affect your everyday life. The RMV operates under its own set of rules, making it critical to understand and effectively navigate the process.
Many attorneys only address the courtroom side of OUI cases. Gilman Law represents clients through both the criminal and RMV processes. With thousands of cases behind us, we know how to build a cohesive defense strategy that gives you the strongest possible chance of success.