OUI First Offense Outcomes in Massachusetts
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Option 1: Guilty Verdict > Standard Disposition
Incarceration: Not more than 2.5 years (30 months) in a house of correction
- Suspended Sentence: You’re placed on probation for a certain period of time with your sentence “hanging over your head”
If you violate the conditions of your probation, you’ll automatically be incarcerated for the specified period of time
- Straight Time: You’re immediately sentenced and incarcerated for a specified period of time
No probationary period
License Suspension: 1 year
- Work/ education hardship license considered in 6 months
- General hardship license considered in 9 months
Fines and Fees: Approximately $1,380.00 total
- Probation Fee & Surcharge: $65.00/month x 12= $780.00
- Victim/ Witness Assessment: $50.00
- OUI 24D State Fee: $250.00
- OUI Victims Assessment Fee: $50.00
- Head Injury Assessment: $250.00
Option 2: Guilty Verdict > Alternative Disposition (§24D)
1 year of probation
Alcohol-Drug Education Program: Mandatory participation
- 16-week course (32 hours)
- Paid by the defendant
License Suspension: 45 to 90 days
- Work/ education hardship license will most likely be available after defendant has completed the intake for the first offenders’ program and has shown the necessity of a license to get to work or do their job
- General hardship license will cover the license loss associated with the chemical test refusal
Fines and Fees: Approximately $1,380.00 total
- Probation Fee & Surcharge: $65.00/month x 12= $780.00
- Victim/ Witness Assessment: $50.00
- OUI 24D State Fee: $250.00
- OUI Victims Assessment Fee: $50.00
- Head Injury Assessment: $250.00
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Option 3: Plea > Continuance without a finding > Dismissal
The matter will be continued without a finding of guilt for 1 year, during which you will essentially be on probation:
- If you have NO trouble during the 1 year time period, the charge will be dismissed
- If you have additional legal trouble during the continuance, a guilty finding may be found
Alcohol-Drug Education Program: mandatory participation
- 16-week course (32 hours)
- Paid by the defendant
License Suspension: 45 to 90 days
- Work/ education hardship license will most likely be available after defendant has completed the intake for the first offenders’ program and has shown the necessity of a license to get to work or do their job
- General hardship license will cover the license loss associated with the chemical test refusal
Fines and Fees: approximately $1,380.00 total
- Probation Fee & Surcharge: $65.00/month x 12= $780.00
- Victim/ Witness Assessment: $50.00
- OUI 24D State Fee: $250.00
- OUI Victims Assessment Fee: $50.00
- Head Injury Assessment: $250.00
Doesn’t result in a guilty verdict (conviction) on your record, but counts as a prior OUI for any subsequent OUI arrests
- Our office can help seal a criminal record
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Option 4: Not Guilty (Acquittal)
Doesn’t result in a guilty verdict (conviction) on your record Our office can help seal a criminal record
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If you’ve been arrested on an OUI/DUI charge, domestic violence, disorderly conduct, or drug possession, you should speak to an experienced defense attorney as soon as possible. You can contact us online or call our office directly at (781) 740-0800 to schedule your free consultation with one of our top-notch defense lawyers. We have been proudly servicing clients throughout Norwell, Massachusetts, and surrounding areas such as Plymouth, Barnstable, Nantucket, and more.
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