An OUI (Operating Under the Influence) charge in Framingham, Massachusetts, is serious and can lead to license suspension, fines, jail time, and a permanent criminal record. If you've been arrested for OUI, you need an experienced Framingham OUI defense attorney to fight for your rights and minimize the impact of the charges on your future.
At the Marin, Barrett, and Murphy Law Firm, we have successfully defended clients facing OUI charges in Massachusetts and know how to challenge the evidence against you. Call (857) 229-2442 today for a free consultation.
Understanding Massachusetts OUI Laws
Under Massachusetts General Laws Chapter 90, Section 24, you can be charged with OUI if you operate a vehicle while under the influence of alcohol or drugs. The prosecution must prove either of the following:
- Your blood alcohol concentration (BAC) was 0.08% or higher (0.02% for drivers under 21).
- You were impaired based on the officer's observations, even if your BAC was below 0.08%.
Unlike other states, Massachusetts does not allow plea bargaining to a lesser charge. This makes it essential to build a strong defense to protect your rights.
OUI Penalties in Framingham, Massachusetts
The penalties for an OUI conviction depend on whether it is your first or a repeat offense.
First Offense OUI
- Jail Time: Up to 2.5 years (rare but possible).
- Fines: $500 – $5,000.
- License Suspension: Up to 1 year (hardship license possible after 3 months).
- Alternative Option: The 24D Disposition allows some first-time offenders to enter an alcohol education program and receive a reduced license suspension.
Second Offense OUI
- Jail Time: 30 days to 2.5 years.
- Fines: $600 – $10,000.
- License Suspension: 2 years.
- Ignition Interlock Device (IID) required for license reinstatement.
Third Offense OUI (Felony OUI)
- Jail Time: 180 days to 5 years.
- Fines: $1,000 – $15,000.
- License Suspension: 8 years.
- IID required upon reinstatement.
Additional Consequences of an OUI Conviction
- Increased car insurance rates.
- Probation and alcohol education programs.
- Potential job loss or difficulty finding employment.
Massachusetts Chemical Test Refusal Penalties
Refusing a breathalyzer or blood test leads to an automatic license suspension by the RMV. Massachusetts has a lifetime lookback policy, meaning any previous OUI convictions will increase the penalties for refusal.
Suspension Periods for Refusing a Chemical Test
Number of Prior OUI/Refusals | Suspension Period |
---|---|
None |
180 days |
One |
3 years |
Two |
5 years |
Three or more |
Lifetime |
Important Notes:
- If convicted of OUI after refusing a test, both suspensions will apply (one for refusal, one for conviction).
- A hardship license is NOT available during a chemical test refusal suspension.
- To reinstate your license after a refusal suspension, you must request a hearing with the RMV.
How Long Does the State Have to File OUI Charges?
The statute of limitations for OUI in Massachusetts is 6 years. However, in most cases, charges are filed immediately after an arrest.
Defenses Against an OUI Charge in Framingham
A strong defense strategy can make the difference between a conviction and a dismissal. Some common OUI defenses include:
-
Illegal Traffic Stop
If the officer did not have probable cause to stop your vehicle, any evidence obtained may be suppressed in court. -
Inaccurate Breathalyzer or Blood Test Results
Faulty breathalyzer machines or improper administration can lead to false BAC readings.
Medical conditions, such as acid reflux or diabetes, can also affect breath test results. -
Field Sobriety Test Errors
Poor weather conditions, uneven road surfaces, or physical disabilities can make field sobriety tests unreliable. -
Rising BAC Defense
Alcohol takes time to be absorbed, meaning your BAC may have been legal while driving but increased by the time of the test. -
Violation of Constitutional Rights
If law enforcement failed to read your Miranda rights or illegally obtained evidence, your case could be dismissed.
Where Will Your Case Be Heard?
If you were arrested for OUI in Framingham, your case will be handled at:
📍 Framingham District Court
600 Concord St., Framingham, MA 01701
📞 (508) 875-7461
Your arrest was likely handled by:
📍 Framingham Police Department
1 William H Welch Way, Framingham, MA 01702
📞 (508) 872-1212
Why Hire the Marin, Barrett, and Murphy Law Firm?
At the Marin, Barrett, and Murphy Law Firm, we provide aggressive and strategic defense for OUI charges in Massachusetts. We understand the complexities of OUI laws and are committed to protecting your rights and future.
Why Choose Us?
- Extensive OUI Defense Experience – Decades of combined experience handling OUI cases.
- Aggressive Legal Strategies – We fight to reduce or dismiss your charges whenever possible.
- Personalized Defense Plans – Every case is unique, and we tailor our defense to your specific situation.
- 24/7 Availability – We're always available to answer your questions and guide you through the legal process.
If you've been charged with OUI in Framingham, don't wait—call us immediately. The sooner you act, the better your chances of securing a favorable outcome.
Contact a Framingham OUI Lawyer Today
📍 Marin, Barrett, and Murphy Law Firm
572 Washington Street, Suite 21, Wellesley, MA 02482
📞 (857) 229-2442
Call now for a free consultation – Let us help you fight your OUI charge and protect your future.