What Am I Looking At?
If you have been arrested or charged with drunk driving (DUI, OUI, DWI) in Massachusetts, the statutory penalty is a fine of $500-$5,000 (depending on the circumstances) and up to 2 & 1/2 years in jail. Additionally, your license may be suspended for a period of 1 year.
I thought you said it would be OK…Don’t I have any options?
We have two options for avoiding the statutory penalty… either (1) we go to trial and win, or (2) we obtain an alternative disposition under M.G.L. c. 90 § 24(d). Either way, you need an experienced, qualified attorney like Bob to help make sure you get the best possible outcome in your case.
Do people really have trials for OUI cases?
Yes! OUI cases are among the most commonly tried cases in Massachusetts District Court…but not every case is right for trial, sometimes because of the facts and sometimes because of the client. Going to trial can be expensive, and any experienced trial attorney will tell you that we never truly know how a jury is going to react to a case…which means you might walk away with a Not Guilty, or you might be stuck with the penalties discussed above. Given the advantages of the 24(d) program, many clients facing their first OUI feel the alternative disposition is an attractive option.
What is the 24(d) Program?
The biggest advantage is that (assuming you successfully complete the program) you will not have an OUI conviction on your record. Every case is different and this is not a guarantee of a particular outcome. Still, the “standard” first offender disposition is as follows:
- CWOF (Continuance without a Finding)…normally leads the Commonwealth to dismiss the OUI charge if the other conditions are satisfied.
- 1 Year Probation (can’t pick up any new cases).
- Fines and Court Fees of approximately $1400.
- Alcohol Education Class (costs roughly $800).
- License suspension of 45 days (up to 90 days in some circumstances). This will NOT be concurrent with RMV refusal suspensions (meaning you have to serve that suspension first).
You should also be aware that even if you meet the criteria and receive a 24D disposition, if you are ever arrested again for OUI, the Registry of Motor Vehicles and the District Attorney’s Office will treat that case as a second (or subsequent) offense!
What about the “Cinderella” (Hardship) License?
If you meet the criteria for eligibility, Bob can help you obtain a license to drive legally during a 12-hour period to and from work/school. Hardship licenses are not guaranteed, but working with an experienced attorney can make the process much smoother.