Being arrested for Operating Under the Influence (OUI) in Massachusetts is one of the most stressful experiences you’ll ever face. Within hours of arrest, you may have lost your license, been fingerprinted, and booked on criminal charges that could cost you your job, your freedom, your reputation and thousands of dollars  in court costs. 

Massachusetts sees about 11,000 OUI arrests per year and about 77% of those OUI cases result in either a conviction or an admission to the offense. The average cost of a OUI conviction ranges in the thousands of dollars when you factor in fines, legal fees, increased insurance premiums, ignition interlock devices, alcohol education programs, and lost wages. For many people, an OUI conviction means job loss, professional license suspension, and a permanent criminal record.

You have options. You have rights. And you have defenses.

WHY CHOOSE FOGLIA & ASSOCIATES P.C.?

At Foglia & Associates P.C. our legal team has decades of legal experience defending individuals charged with OUI all throughout Massachusetts courts in Framingham, Worcester, Lowell, Cambridge, Malden and surrounding towns. 

 A THOROUGH REVIEW OF EVERY OUI CASE

OUI cases often depend on the observations and conclusions of the arresting officer. However,these cases must be reviewed and analyzed carefully. We at Foglia & Associates P.C.review every case in detail to review the following:

1. Whether the traffic stop was lawful
2. Whether the field sobriety tests were administered properly
3. Whether the breath test was administered properly
4. We carefully review body camera footage, cruiser video footage and booking video footage that can help in our defense.
5. We examine the local and federal laws that may affect the admissibility of evidence.

WE LISTEN TO WHAT OUR CLIENTS HAVE TO SAY 

In many instances our clients provide us with valuable information that is not contained in a police report. There could be communications made at the time of arrest that may explain why a client failed a field sobriety test. There may have been individuals not mentioned in the police report who witnessed the arrest. By listening to our clients and evaluating the evidence, we work to identify weaknesses in the prosecutor’s case and develop the strongest possible defense. 

EVERY OUI CASE IS UNIQUELY DIFFERENT

No two OUI arrests are exactly alike. The appropriate defence strategy depends on the specific facts and circumstances of each case. In some situations, resolving a case through negotiations is appropriate. In other cases, the evidence, or lack thereof, may justify challenging the charges by having a Jury Trial or a Trial before a Judge.

At Foglia & Associates P.C. we prepare every case with the understanding that it may ultimately need to be tried. Our firm has always believed that the willingness to try cases when appropriate is one of the most important factors in protecting our clients rights.

Attorney Radu Brestyan, a partner at Foglia & Associates brings a unique and valuable perspective to the defense of OUI cases. Earlier in his career, Attorney Brestyan served as a prosecutor in Middlesex County where he handled numerous OUI prosecutions, giving him firsthand insight into how these cases are investigated, charged and presented in court. That experience allows him to approach each case with a thorough understanding of the strategies used by the Commonwealth and to identify potential weaknesses in the evidence. Today he applies that extensive knowledge in defending clients charged with OUI with outstanding results. 

At Foglia & Associates, former Middlesex County prosecutor Attorney Radu Brestyan knows exactly how the Commonwealth builds OUI cases, because he used to prosecute them. He knows the weaknesses in field sobriety tests. He knows how breathalyzer machines fail and how operator error invalidates results. He can identify when evidence should be thrown out because the police violated your rights. 

Attorney Michael A. Foglia, the founder of Foglia & Associates P.C. brings more than 30 years of legal experience to the defense of individuals charged with Oui offenses throughout Massachusetts. Attorney Foglia has handled and tried numerous OUI cases each year with outstanding results, giving him extensive familiarity with the legal, scientific, and constitutional issues that often arise in these types of cases. His experience in both negotiating resolutions and taking cases to trial allows him to evaluate each case strategically to best protect his clients rights, license and future.

With 25+ years of criminal defense experience, we’ve successfully defended thousands of OUI cases across Massachusetts. We know how to fight for dismissals, verdicts of not-guilty, and alternative dispositions that protect your future.

Don’t plead guilty without exploring your options.

Understanding Massachusetts OUI Laws and Penalties

Massachusetts is one of the toughest states in the nation for drunk driving penalties. The introduction of Melanie’s Law in 2005 dramatically increased punishments, created mandatory ignition interlock requirements, and imposed lifetime lookback periods that count every prior OUI conviction, no matter how long ago it occurred.

What Is OUI in Massachusetts?

In Massachusetts, what is commonly referred to as drunk driving is called “Operating Under the Influence” (OUI). That could mean liquor or drugs. Under M.G.L. c. 90, § 24(1)(a)(1), it is illegal to operate a motor vehicle on a public way:

(Liquor)

• With a blood alcohol concentration (BAC) of 0.08% or higher – A breathalyzer result is often the strongest evidence against you at trial. If you took the breathalyzer, we have the expertise necessary to identify whether the result can be challenged 
• While under the influence of intoxicating liquor – A breathalyzer result is not necessary for the prosecution to obtain a conviction. Police observations, including those of Field Sobriety Tests, and other evidence may be sufficient. Our attorneys are experts at challenging these observations at trial

(Drugs)

• While under the influence of marijuana, narcotic drugs, depressants, or stimulants, from inhaling fumes of any substance that can release toxic vapors

Massachusetts Implied Consent Law (Breathalyzer)

Massachusetts is an implied consent state. If you are arrested for OUI in Massachusetts, you are deemed to have consented to a breath test. You will be asked to provide a sample. If you refuse, you face automatic license suspensions:

• First Refusal: 180-day suspension
• Second Refusal: 3-year suspension
• Third Refusal: 5-year suspension
• Fourth or Subsequent Refusal: Lifetime suspension
• Under 21: 3-year suspension for drivers with no prior OUIs and longer periods if an offender has two or more priors. Additional suspensions will apply under the Youth Alcohol Program (YAP) ranging in severity depending on the offender’s age.
• Commercial drivers: CDL disqualification for at least 1 year for first offense and lifetime for second offense for refusal when operating any vehicle

A failed breathalyzer result (0.08% BAC or higher) will result in an immediate 30 day suspension. Additional BAC limits may trigger suspensions depending on the driver, for example:

• Drivers Under 21: A 0.02% BAC or higher result will result in a 30 day license or permit suspension by the RMV. Additional suspensions will apply under the Youth Alcohol Program mandate that run after the completion of the 30 days.
• Commercial Drivers: A 0.04% BAC when operating a commercial vehicle (CMS) will result in CDL disqualification for at least 1 year for first offense and lifetime for second offense.

These suspensions are immediate and independent of any criminal case. Even if you’re found not guilty of OUI, the refusal suspension remains in effect unless successfully challenged or addressed with the RMV.

First Offense OUI Criminal Penalties in Massachusetts

Even a first-time OUI conviction carries serious consequences that can impact your life for years. Under M.G.L. c. 90, § 24, a first offense OUI conviction may result in:

• Fines: $500 to $5,000
• Fees: up to $300
• Jail Time: Up to 2.5 years in the house of correction (rarely imposed for first offense)
• For .20% BAC and over: An offender must attend an alcohol assessment by the DPH or other Court approved program
• License Revoked: 1 year 

The 24D Alternative Disposition 

First-time offenders are often eligible for an alternative disposition. Our attorneys will fight to obtain this disposition for you if it is the best option in your case. If eligible, you could avoid a conviction and typically receive:

• Continuance Without a Finding (CWOF) – A CWOF is very beneficial as successful completion of probation under this disposition results in dismissal, avoiding a conviction
• Probation: up to 2 years (typically 1 year)
• License Suspension: 45-90 days (in addition to any breathalyzer failure/refusal) for offenders over 21. 210 days for offenders under 21 years of age on the date of offense
• Alcohol Education Program (24D): 16-week state-approved course to be paid for by the offender
• Fees and Fines: up to $600
• For .20% BAC and over: An offender must attend an alcohol assessment by the DPH or other Court approved program. Offenders 17-21 years old must attend a 14-day second offender in-home program 

If you successfully complete probation for a CWOF, the case is dismissed and doesn’t result in a criminal conviction. However, the OUI still counts as a “prior offense” if you’re arrested for OUI again.

Second Offense OUI Penalties

A second OUI offense brings substantially harsher penalties. Under M.G.L. c. 90, § 24, a second offense conviction may result in:

• Fines: $600 to $10,000
• Fees: up to $300
• Jail Time: 60 days to 2.5 years (minimum 30 days must be served) 

• License Revoked: 2 years 
• For .20% BAC and over: An offender must attend an alcohol assessment by the DPH or other Court approved program

Alternative Criminal Disposition

Our attorneys have extensive experience in negotiating with the prosecution and arguing for the best disposition for our clients where appropriate. An alternative to jail is available that may result in:

• Probation: 2 years
• License revoked: 2 years
• Treatment: Defendants must attend a 14-day inpatient residential alcohol treatment program plus participation in outpatient counseling program
• Fees: up to $300

The Cahill Disposition – Second Chance for Old Priors

If your first OUI conviction or CWOF completed more than 10 years before your second arrest, you may be eligible for a Cahill Disposition. This allows the court to treat your second offense as if it were a first offense for sentencing purposes. A court may sentence you to the 24D Alternative First Offense disposition (See above)

If you’re arrested for OUI a third time, you’ll be charged as a third offender, NOT a second offender. The Cahill disposition doesn’t erase your second offense for purposes of future charges

Additionally, the RMV treats Cahill dispositions differently than the court. While the court may sentence you as a first offender, the RMV will still impose second-offense license suspensions and ignition interlock requirements.

Third, Fourth, and Fifth Offense OUI Penalties

Third and subsequent OUI offenses are felonies in Massachusetts with severe consequences. Convictions may result in:

Third Offense OUI – Felony

• Fines: $1,000 to $15,000
• Mandatory Jail Time: 180 days to 2.5 years in house of correction, OR 2.5 to 5 years in state prison (minimum 150 days must be served)
• License Revoked: 8 years

Fourth Offense OUI – Felony

• Fines: $1,500 to $25,000
• Mandatory Jail Time: 2 years to 2.5 years in house of correction, OR 2.5 to 5 years in state prison (minimum 12 months must be served)
• License Revoked: 10 years

Fifth Offense OUI – Felony

• Fines: $2,000 to $50,000
• Mandatory Prison Time: 2.5 to 5 years in state prison (minimum 24 months must be served)
• License Revoked: Lifetime

At the felony level, you’re facing mandatory imprisonment with the possibility of state prison, very lengthy to lifetime license loss, and a felony record that impacts employment, housing, professional licenses, and firearm ownership rights. At Foglia & Associates, our expert attorneys know how to tailor a defense designed to avoid these severe consequences. 

The Lifetime Lookback Period

Unlike many states that only count prior OUI convictions within 10 years, Massachusetts has a lifetime lookback period. If you were convicted of OUI 20, 30, or even 40 years ago, and you’re arrested for OUI again today, you’ll be charged as a repeat offender with enhanced penalties. This makes every OUI conviction in Massachusetts permanent and dramatically increases the stakes for any subsequent offense.