A. The Law and Penalties of OUI in the Commonwealth of MA

In Massachusetts the law states in part “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished…” (quoting M.G.L.Ch. 90, Sec 24. (1) (a) (1))

PENALTY: Imprisonment for not more than 2 ½ years; or not less than $500, not more than $5,000 fine; or both imprisonment and fine; plus $50 Victim of Drunk Driving Assessment; plus (if OUI $250 Head Injury Assessment; no filing or continuance without a finding; and license revoked for one year…

This is a partial list of the penalties for the MA offense of OUI. Those charged with any alcohol related operating charge should seek legal counsel immediately. The consequences increase for subsequent OUI or DWI offenses.

Attorney Richard E. Clark received specialized OUI and DWI training at Harvard Law School through the National College for DUI Defense. Attorney Clark was also formerly appointed to Newburyport District Court and Ipswich District Court for four years as a private contract criminal defense attorney. He achieved formal certification in Criminal Defense through the Commonwealth of Massachusetts. Attorney Clark can be reached at his Newburyport, MA office, or his Portsmouth and Dover NH offices at (603) 431-0009.