OUI / DUI Defense
Being arrested for Operating Under the Influence (OUI) or Driving Under the Influence (DUI) can have immediate and lasting consequences. A conviction may result in license suspension, substantial fines, mandatory education programs, increased insurance rates, and even jail time. Whether this is your first offense or you have prior convictions, obtaining experienced legal representation as early as possible is critical.
At Maloney Law, we defend clients charged with OUI alcohol offenses, drug OUI cases, breath test refusals, license suspension hearings, and related motor vehicle offenses throughout Massachusetts. Every case is carefully reviewed to determine whether the traffic stop, field sobriety tests, breath test, or police investigation complied with constitutional and statutory requirements.
First-Offense OUI
A first-offense OUI charge can still carry serious penalties, including fines, probation, mandatory alcohol education programs, and a driver’s license suspension. Fortunately, many first-offense cases present opportunities to challenge the legality of the stop, the administration of field sobriety tests, or the sufficiency of the evidence.
Our firm evaluates every aspect of the Commonwealth’s case to determine the strongest defense available and pursue dismissal, reduction of charges, or the best possible resolution.
Second & Subsequent OUI Offenses
Repeat OUI charges expose individuals to significantly enhanced penalties, including longer license suspensions, mandatory minimum jail sentences, ignition interlock requirements, and increased financial consequences.
These cases require an aggressive defense strategy focused on protecting your freedom, driving privileges, and future.
Drug OUI
Not every OUI allegation involves alcohol. Drivers may also be charged with operating under the influence of prescription medications, marijuana, or other controlled substances.
Drug OUI cases often involve Drug Recognition Experts (DREs), toxicology evidence, and medical issues that require careful legal and scientific review. Our firm thoroughly examines whether the evidence actually establishes impairment.
Field Sobriety Tests
Many people assume field sobriety tests are scientific. They are not.
- Medical conditions
- Physical injuries
- Poor weather
- Uneven pavement
- Age
- Anxiety
- Fatigue
We carefully review body camera footage and police reports to determine whether these tests were administered properly and whether the officer’s conclusions are reliable.
Breath Test & Chemical Testing
Breath testing devices are not infallible.
Breath test results may be challenged based upon improper calibration, maintenance issues, operator error, medical conditions, constitutional violations, or failures to comply with Massachusetts regulations.
Where appropriate, we work with experts and thoroughly review the evidence to determine whether chemical testing can be excluded or successfully challenged.
License Suspension & RMV Hearings
An OUI arrest can immediately affect your driving privileges, even before your criminal case is resolved.
- License suspension issues
- Immediate threat hearings
- RMV appeals
- Ignition interlock matters
- Hardship licenses
- License reinstatement
Protecting your ability to drive is often just as important as defending the criminal case itself.
Common OUI Defenses
- Illegal traffic stop
- Lack of probable cause
- Improper police investigation
- Inaccurate field sobriety tests
- Breath test irregularities
- Medical explanations for alleged impairment
- Rising blood alcohol defenses
- Constitutional violations
- Insufficient evidence
Frequently Asked Questions
Will I lose my license immediately?
It depends on the circumstances of your arrest, whether you refused testing, and your prior driving history.
Should I take a breath test?
Every situation is different. The consequences of refusing or taking a breath test vary depending upon your individual circumstances.
Can an OUI charge be dismissed?
Yes. Many OUI cases are successfully resolved through suppression motions, evidentiary challenges, negotiated resolutions, or dismissal.
Do I need an attorney for a first-offense OUI?
Absolutely. Even a first offense can have lasting consequences for your driver’s license, employment, insurance rates, and criminal record. An experienced attorney can identify defenses, protect your rights, and work toward the best possible outcome.