OUI / DUI Drunk Driving Defense Lawyer in Boston

Written and Legally Reviewed by Attorney Joe Serpa Lead Trial Counsel | 30+ Years Experience in MA Criminal Courts | Last Updated: March 2026

Massachusetts OUI, DUI, and DWI Defense Attorney: Navigating Penalties with Drunk Driving Expert Attorney

When you are charged with Operating Under the Influence (OUI)—commonly known as DUI or DWI—you are not just fighting a traffic ticket; you are fighting for your future. In these high-stakes cases, the experience of your legal counsel is the single most important factor in the outcome.

At Serpa Law Office, we bring a level of expertise that few can match: Attorney Serpa maintains a perfect record of “Not Guilty” verdicts in OUI jury trials on the Massachusetts District Court and the Boston Municipal Court. This history of success is built on a deep understanding of Massachusetts criminal procedure, forensic science, and a relentless commitment to protecting the rights of the accused in Boston and throughout Eastern and Central Massachusetts.

An arrest is an opinion; a “Not Guilty” is a fact. While Massachusetts has some of the strictest drunk driving laws in the nation, these cases are defensible, winnable, and frequently resolved in favor of the defendant when handled with precision.

The Two Fronts: Administrative RMV Sanctions vs. Criminal Penalties

In Massachusetts, an OUI charge triggers two distinct legal battles that happen simultaneously. Navigating both requires a sophisticated defense strategy.

1. Administrative Sanctions (The RMV)

The Registry of Motor Vehicles (RMV) handles “implied consent” violations. If you fail a Breathalyzer (a BAC of .08% or higher) or refuse the test entirely, your license is suspended immediately.

The courts have ruled that these RMV sanctions are administrative remedies—not criminal “punishment.” This is a critical distinction because it means “double jeopardy” does not apply. You can face a suspension from the RMV just for the arrest, and then face a second suspension from the court if you are convicted.

2. Criminal Penalties (The Court)

These are the penalties imposed by a judge following a plea or a trial. They include fines, probation, mandatory education programs, and potential incarceration. Because the stakes are so high, our goal is always to avoid a conviction entirely.

What are the Punishments for OUI/DUI/DWI in Massachusetts?

The Commonwealth utilizes a “progressive” penalty system, meaning the consequences escalate sharply with every subsequent offense.

First-Offense OUI

A first-time OUI arrest can be daunting, but it often allows for the most flexibility in defense.

• Incarceration: Potential for up to 2.5 years in a House of Correction.
• Fines & Fees: $500 to $5,000, plus mandatory assessments (such as the $250 Head Injury fee).
• License Suspension: 45 to 90 days if resolved through a “24D disposition,” or 1 year for a standard conviction.
• Education: Mandatory attendance at a weekly alcohol awareness program.
• The Goal: We strive to have these charges dismissed or reduced, ensuring your record remains as clean as possible.

Second-Offense OUI

A second offense is significantly more serious, carrying a mandatory minimum 30-day jail sentence.

• Alternative Disposition: We can often advocate for a more lenient “14-day inpatient” treatment program in lieu of traditional jail time.
• Ignition Interlock Device (IID): Mandatory for any hardship or reinstated license.
• The “Cahill” Disposition: If your first offense is more than 10 years old, we may be able to treat the second offense as a “first” for sentencing purposes, significantly reducing the impact on your life.

Third-Offense and Felony OUI

A third OUI conviction is a felony in Massachusetts.

• Mandatory Jail: A minimum of 150 days in jail is required by law.
• License Loss: An 8-year license suspension.
• Fourth/Fifth Offense: These carry mandatory state prison sentences (up to 5 years) and, in the case of a fifth offense, a permanent lifetime license revocation.

OUI Drugs (Marijuana and Controlled Substances)

The law treats OUI-Drugs similarly to alcohol, but the prosecution faces a much higher burden of proof. There is no “Breathalyzer” for drugs. The Commonwealth must prove that a specific substance was in your system and that it actually impaired your ability to drive safely. We have successfully defended numerous OUI-Drug cases by challenging the subjective observations of “Drug Recognition Experts.”

Motor Vehicle Homicide

This is a tragic and complex felony charge. A conviction carries a mandatory prison sentence. If you are facing this charge, you need a trial attorney with a proven track record of winning in front of a jury. These cases often hinge on accident reconstruction and forensic toxicology, areas where our office excels.

Why Our “Not Guilty” Record Matters for You

Most OUI cases rely on the subjective observations of a police officer—how you looked, how you spoke, and how you performed on Field Sobriety Tests (FSTs). These tests are designed for you to fail. They are often administered on uneven pavement, in the dark, and under extreme stress.

When we take a case to trial, we dismantle the prosecution’s evidence piece by piece:

• Challenging the Initial Stop: Was there actually a legal reason to pull you over?
• Invalidating Field Sobriety Tests: Were the tests administered according to strict NHTSA guidelines?
• Attacking Breathalyzer Accuracy: We scrutinize the maintenance records and calibration of the machine used in your case.

Our perfect record in OUI trials isn’t a result of luck; it’s a result of meticulous preparation and a refusal to accept a “guilty” plea when a “not guilty” verdict is possible.

Underage OUI (Drivers Under 21)

Massachusetts has a “Zero Tolerance” policy for younger drivers.

• The .02 Standard: An underage driver only needs a Blood Alcohol Content (BAC) of .02% to trigger a 210-day license loss.
• Refusal Penalties: If a driver under 21 refuses a breath test, they face an automatic 3-year license suspension from the RMV. This is separate from any court-ordered penalties.

Contact a Proven Boston OUI Defense Lawyer

If you have been arrested for drinking and driving, time is of the essence. You have a very limited window to appeal certain RMV suspensions, and the sooner we can secure video evidence (such as booking room or cruiser footage), the stronger your defense will be.

Don’t leave your freedom to chance. Put your case in the hands of an attorney who knows how to win.

Call Serpa Law Office today for a free consultation. Would you like me to review the specifics of your police report to identify the best defense strategy for your case?