OUI / Criminal
Thomas Dougherty is a seasoned Trial Attorney for over 30 years, with a good success rate on
OUI matters.
Facing an OUI Charge in Massachusetts? Know Your Rights and Options
Introduction
An Operating Under the Influence (OUI) arrest triggers fear, confusion, and immediate practical
concerns—license loss, court dates, and employment impact. TD Law Group summarizes key
rights and defenses under Massachusetts law.
The Traffic Stop
Officers must have reasonable suspicion to stop your vehicle. Dash-cam or body-cam footage
can reveal whether the stop met legal standards.Field Sobriety Tests (FSTs)
Walk-and-turn, one-leg stand, and HGN (eye) tests are subjective. Weather, footwear, and
medical conditions affect performance. Video evidence helps challenge officer observations.Breathalyzer Issues
Device calibration and operator certification are strictly regulated. In 2023, Massachusetts
courts suppressed thousands of breath tests for procedural flaws. Reviewing maintenance logs
may uncover errors that render results inadmissible.First-Offender Program (24D Disposition)
Qualified first-time offenders may receive:
• 45–90-day license suspension (instead of one year)
• Mandatory alcohol education
• Possible hardship license for work or school
License Suspension Timeline
Refusing the breath test triggers an automatic suspension (180 days for first offenders). You
must appeal within 10 - 15 days; missed deadlines are rarely forgiven.Early Legal Representation
An attorney can:
• Challenge probable cause and test results
• Negotiate reduced penalties
• Explore diversion programs
• Protect employment and travel privileges
Conclusion
An OUI charge is not the end of the road. Understanding procedural safeguards and acting
quickly can preserve driving privileges and mitigate penalties. With many years of experience
and trials TD Law Group stands ready to defend your rights across Massachusetts courts.
Informational only; consult counsel for advice on your specific case.
