Cape Cod OUI / DUI Defense Attorney
Trial-tested defense for oui / dui defense charges in the Barnstable, Orleans, and Falmouth courts and across Massachusetts.
An arrest for operating under the influence (OUI, what most people call a DUI) is frightening, and it moves fast. You are facing two separate problems at once: a criminal case in the district court and a civil license suspension through the Registry of Motor Vehicles. Each has its own deadlines, and a misstep in the first days can cost you your license for months.
I have spent my career in the district courts of Cape Cod and across Massachusetts defending OUI charges, from a first offense to a fifth. I know how the Commonwealth builds these cases, where the breath and field-sobriety evidence is vulnerable, and how to protect your record and your ability to drive.
What the Commonwealth has to prove
To convict you of OUI, prosecutors must prove three things beyond a reasonable doubt: that you operated a motor vehicle, on a public way, while under the influence of alcohol (a blood-alcohol level of .08% or greater) or drugs. Every one of those elements is a place to fight. Was the stop lawful? Was the machine that produced your breath result properly calibrated and certified? Were the field-sobriety tests administered and scored the way the training manuals require?
Penalties by offense level
- First offense: $500–$5,000 fine, up to 2½ years; usually resolved through the 24D program with a 45–90 day license loss.
- Second offense: $600–$10,000 fine, 30 days to 2½ years, and a two-year license suspension.
- Third offense: charged as a felony, $1,000–$15,000 fine and 150 days to 5 years.
- Refusing the breath test triggers an automatic license suspension of at least 180 days on a first offense, separate from the criminal case.
How I defend OUI charges
There is no such thing as a hopeless OUI. Real defenses I pursue include an unlawful motor-vehicle stop, improperly administered field-sobriety tests, medical and dietary conditions that skew breath results, breathalyzer calibration and source-code problems, and gaps in the chain that prove who was actually driving. When the evidence is weak, I try the case. When a clean win is not realistic, I work to keep you out of jail, protect your license, and preserve your record.
FAQ: OUI / DUI Defense
Common questions and answers regarding oui / dui defense charges in Massachusetts.
Should I refuse the breathalyzer in Massachusetts?
It is a personal decision with real trade-offs. Refusing means the prosecution has no breath number to use against you, but it triggers an automatic license suspension of at least 180 days that is independent of the criminal case. Because your refusal generally cannot be used as evidence of guilt at trial, many defense lawyers see strategic value in it, but the right answer depends on your driving history. Call before you decide if you can.
What is a 24D disposition?
The 24D program is the standard first-offense resolution under M.G.L. c. 90, § 24. In exchange for a continuance or guilty plea, you complete a 16-week alcohol-education program and a period of probation, pay fees, and serve a short license suspension (typically 45–90 days, often with a hardship license available). It keeps most first-time clients out of jail.
Can I beat an OUI if I failed the field sobriety tests?
Often, yes. Field-sobriety tests are not pass/fail medical exams; they are subjective observations by an officer, and they are frequently administered on uneven ground, in poor lighting, or to people with knee, back, weight, or balance issues that have nothing to do with alcohol. I cross-examine the officer on how the tests were given and scored against the standardized criteria.
How long does an OUI stay on my record in Massachusetts?
Massachusetts keeps OUI convictions for life for purposes of sentencing, under the lifetime-lookback rule. A prior from decades ago can still count as a “prior” on a new charge. That is exactly why fighting the first one matters so much.
Let's Talk About Your Case Today
Your first consultation is free and completely confidential. Tell me what happened, and I'll tell you honestly where you stand and what your options are.