Aggressive OUI Defense in Brookline, MA

Being arrested for Operating Under the Influence (OUI) in Massachusetts can have serious consequences, including jail time, hefty fines, and a suspended license. If you or a loved one has been charged with OUI in Brookline, you need an experienced Brookline OUI defense attorney to protect your rights and fight for the best possible outcome.

At the Marin, Barrett, and Murphy Law Firm, we have a proven track record of success in OUI cases. Contact us today at (857) 229-2442 for a free consultation and immediate legal assistance.

Understanding OUI Laws in Massachusetts

What is OUI?

Under Massachusetts General Laws Chapter 90, Section 24, OUI is defined as operating a vehicle while impaired by alcohol or drugs. A driver is legally considered under the influence if:

• Their blood alcohol concentration (BAC) is 0.08% or higher (0.02% for drivers under 21).
• They exhibit impaired ability to operate a vehicle, even with a BAC below 0.08%.

Law enforcement officers determine impairment through field sobriety tests, breathalyzer results, and other observations.

Penalties for OUI in Brookline

First Offense OUI

• Up to 2.5 years in jail
• Fines between $500 and $5,000
• 1-year license suspension (hardship license possible after 3 months)
• Possible enrollment in an alcohol education program

Second Offense OUI

• Mandatory 30 days to 2.5 years in jail
• Fines between $600 and $10,000
• 2-year license suspension
• Ignition Interlock Device (IID) required for reinstatement

Third Offense OUI (Felony OUI)

• Jail time between 180 days and 5 years
• Fines between $1,000 and $15,000
• 8-year license suspension
• IID required

The consequences increase with each additional offense, leading to longer license suspensions, higher fines, and potential felony charges.

Massachusetts Chemical Test Refusal Penalties

Refusing a breathalyzer or chemical test is not a crime in Massachusetts, but it triggers an immediate license suspension. Massachusetts has a lifetime lookback policy, meaning any prior OUI convictions affect your suspension length.

Number of Prior OUI/Refusals	Suspension Period
None	180 days
One	3 years
Two	5 years
Three or more	Lifetime

To reinstate your license, you must schedule a hearing with the RMV. Our team can help you navigate this process and fight for reinstatement.

Statute of Limitations for OUI in Massachusetts

The statute of limitations for OUI charges in Massachusetts is 6 years. However, most OUI cases are pursued immediately after an arrest, making quick legal action crucial.

Defenses Against OUI Charges in Brookline

An experienced Brookline OUI lawyer can challenge the charges using various defense strategies, including:

• Lack of Probable Cause – If the police did not have a valid reason to stop you, the case may be dismissed.
• Inaccurate Breathalyzer Results – Testing devices can produce false readings due to improper calibration or medical conditions.
• Improper Field Sobriety Tests – Officers must administer tests correctly; if they fail to do so, the evidence may be thrown out.
• Constitutional Violations – If your rights were violated, evidence obtained may be suppressed in court.
• Rising BAC Defense – Your BAC may have been under 0.08% while driving but rose afterward.

Where Will Your Case Be Heard?

Brookline OUI cases are handled in Brookline District Court:

📍 Brookline District Court
360 Washington St., Brookline, MA 02445
📞 (617) 232-4660

Arrests are handled by the Brookline Police Department:

📍 Brookline Police Department
350 Washington St., Brookline, MA 02445
📞 (617) 730-2222

Why Choose the Marin, Barrett, and Murphy Law Firm?

• Proven Track Record – Our attorneys have successfully defended numerous OUI cases across Massachusetts.
• Aggressive Defense Strategies – We fight to get charges reduced or dismissed.
• Personalized Representation – We tailor our legal approach to your case for the best possible results.
• 24/7 Legal Support – We offer free consultations and immediate assistance.