OUI / DUI Charges

Massachusetts OUI Defense Attorney Kevin R. Collins

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For many people, being arrested for Operating Under the Influence of Alcohol (“OUI”) is their first and only experience with law enforcement and the criminal justice system. It can be a terrifying experience being questioned by the police, arrested, and charged with a crime. 

Massachusetts OUI Defense Attorney Kevin R. Collins has successfully represented hundreds of clients charged with OUI. Whether the case is your first OUI or you have prior OUIs, Attorney Collins is more than qualified to handle the unique challenges of your case and answer any questions you may have.

What the Commonwealth Has to Prove

To convict you of OUI, the prosecution must prove, beyond a reasonable doubt, that you operated a motor vehicle, on a public way, while under the influence of alcohol or drugs. “Operation” doesn’t always mean driving. Massachusetts courts have found people “operating” a parked car with the engine running. Whether a road or parking lot qualifies as a “public way” is sometimes contested. And “under the influence” is a question of degree that field sobriety tests and breath tests are imperfect at answering, which is exactly where an experienced defense attorney can make the difference between a conviction and a dismissal.

When choosing an attorney to represent you in an OUI case, you’re going to want an attorney who is not only experienced in the issues presented by these cases, but also in the drafting and arguing of various motions which can significantly limit the evidence the prosecution can bring in at trial.  Massachusetts OUI Defense Lawyer Kevin R. Collins has significant experience in this regard.

Potential Penalties for OUI in Massachusetts

Penalties depend heavily on whether this is a first offense, a subsequent offense, and whether aggravating factors are present (a minor in the vehicle, an accident causing injury, or a high blood alcohol content “BAC”). Massachusetts OUI Attorney Kevin R. Collins brings extensive experience in evaluating the likely sentencing outcomes for cases of this nature and welcomes the opportunity to discuss your matter during a complimentary consultation.

First offense: Jail exposure up to 2.5 years in the house of correction, (though rarely imposed on a first offense), one year probation, 45 day license loss, fines up to $2,000, and a First Time Offender’s Drinking Driving program.

Second offense: In-patient residential treatment program, jail exposure, two year probation, two year license loss, fines up to $2,000, a Second Offender Drinking Driving Program, and potential ignition interlock requirement.

Third and subsequent offenses: Minimum 150 days jail sentence, large fines, 8 year license loss, ignition interlock requirement.

Common Defense Strategies in OUI Cases

• Challenging the stop itself: did police have a legal basis to pull you over in the first place?
• Field sobriety test administration: were the tests conducted according to standardized protocols, and can the officer’s training and compliance be effectively cross-examined?
• Breath test reliability: was the breathalyzer properly calibrated and maintained, and was the required observation period followed?
• Portable breath test (“PBT”) inadmissibility: PBT results generally cannot come into evidence, and prosecutors sometimes try to reference them anyway.
• Rising BAC defense: alcohol absorption means your BAC at the time of testing may have been higher than at the time you were actually driving.

What Happens After an OUI Arrest? The Court Process

1. Arraignment: your first court appearance, charges are read, plea of not guilty entered.
2. Pretrial Conference: where much of the case strategy, including motion practice, gets set.
3. Motion Hearings: arguments to suppress evidence (the stop, tests, or statements) before trial.
4. Trial or Disposition: a bench or jury trial, or a negotiated resolution such as a Continuation Without a Finding (“CWOF”) or dismissal.

Why a Former Prosecutor Matters in an OUI Case

Attorney Collins spent years as an Assistant District Attorney evaluating cases exactly like yours; deciding which OUI arrests had solid evidence and which had exploitable weaknesses in the stop, the testing, or the investigation. He knows how the Commonwealth builds an OUI case because he used to build them himself. That means he knows precisely where to look for the flaws that get evidence suppressed or cases dismissed.

OUI Frequently Asked Questions (FAQs)

Do I have to take the breathalyzer test?

You are eligible to refuse the breathalyzer test, although it will have consequences with the RMV. If you believe you may be close to the legal limit, it may make sense to refuse the test and endure a license suspension. The refusal itself cannot be discussed if there were ever a trial in your case.

Will I lose my license immediately?

Loss of license depends on several factors including whether you refused the breath test, what your result was if you did take the test, and whether you are entitled to a “hardship” license.

Can I get an OUI expunged or sealed from my record?

Massachusetts allows sealing of certain records after a waiting period, though OUI convictions have specific rules. Visit the Records Sealing and Expungement page here for more information.

What if this isn’t my first OUI?

Subsequent offenses carry mandatory minimums and are prosecuted more aggressively. This is when experienced counsel matters most. Contact Attorney Collins immediately to begin building your defense.

Should I talk to police before speaking with a lawyer?

No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions beyond identifying yourself until you’ve spoken with Attorney Collins.

Contact Attorney Kevin R. Collins For A Complimentary Consultation

There are many more questions you may have about your OUI case. Massachusetts OUI Defense Attorney Kevin R. Collins is more than happy to discuss these questions with you and will work hard to achieve the best result for you.

Contact Massachusetts OUI Attorney Kevin R. Collins for a complimentary, no obligation consultation today.

Publication by Attorney Kevin R. Collins

• 5 Facts You Must Know if You’re Pulled Over for OUI in Massachusetts