Massachusetts OUI FAQ

SHOULD I FIGHT IT OR PLEAD?

Fight! With the increased administrative license suspensions and penalties on subsequent offenses and a lifetime look back period, pleading guilty may not be an option. While everyone’s situation is different, in most cases you will receive the same penalty after trial as you would if you plead guilty or admitted to sufficient facts. People who fight their cases have a better than 50% chance of winning. Hiring a lawyer who concentrates in these cases your chances increase significantly.

WILL THE JUDGE OR JURY KNOW IT’S MY 2nd OR SUBSEQUENT OFFENSE?

NO. I have never had a case where the jury (or judge) was allowed to consider that information.

CAN I GET A WORK LICENSE?

NO. Unless your license loss is as a result of a conviction and 1 year or longer no hardship licenses are permitted by the Registry of Motor Vehicles.

WHAT ARE THE EFFECTS OF A NOT GUILTY/DISMISSAL ON CHEMICAL TEST REFUSALS?

The finding does not automatically terminate the suspension, but there is a presumption that the license will be returned. The return of the license must be in writing and ordered by the judge.