Massachusetts OUI/DUI defense lawyer
focused on saving your license and your future
Local defense for OUI arrests across Massachusetts
OUI (Operating Under the Influence) cases move fast in Massachusetts, from the roadside stop on I-90 or Route 128 to an arraignment in Boston, Woburn, or Framingham District Court. Castel & Hall LLP brings focused OUI experience and a statewide
criminal defense
practice to every case, whether the allegation is alcohol or drugs. If police or the RMV took your license after a breath test or refusal,
contact us immediately so we can review the stop, the officer’s reports, and time-sensitive RMV options. Our multilingual team explains each step in plain language—English, Spanish, Portuguese, French, or Haitian Creole.
First offense, repeat charges, and interlock rules
A first offense OUI can bring probation, fines, an alcohol education program (24D), and a license suspension, while second and third offenses trigger longer suspensions, mandatory jail, and ignition interlock requirements. OUI-Drugs (including cannabis) follows similar rules, even if you blew 0.00. We also counsel clients on collateral issues like professional licensing, travel, and
probation violation risks if a new OUI occurs while on supervision.
Illegal stops, bad field tests, and breathalyzer challenges
We attack the stop if there was no reasonable suspicion, dissect field sobriety testing that ignores medical or language factors, and challenge breath results—particularly when machine records or 15-minute observation rules are shaky. Many jurors demand proof of actual impairment, not just a hint of odor. When the evidence is thin, we push for dismissals; when mitigation is smarter, we structure resolutions that protect work, family, and immigration status.
OUI/DUI Defense – FAQ
Is OUI different from DUI in Massachusetts?
No. Massachusetts uses “OUI” (Operating Under the Influence), but it covers the same conduct many states call DUI/DWI. The practical issues—license loss, court exposure, insurance—are similar, but MA procedures and defenses have their own rules.
What happens to my license if I refuse the breath test?
A refusal triggers an immediate RMV suspension separate from the court case. You have a short window to request an RMV hearing. Even if the court case is dismissed, the refusal suspension usually remains unless reversed by the RMV, so fast legal action matters.
Can a first-offense OUI be resolved without a conviction?
Often, yes. Many first-timers pursue a 24D disposition (probation, program, shortened suspension). Whether that is smart depends on the stop quality, field tests, and any breath/chemical evidence. A lawyer should weigh trial odds against collateral risks like employment or immigration.
How do cannabis or prescription drugs affect an OUI case?
There’s no “per se” legal limit for drugs like there is for alcohol. Prosecutors rely on officer observations and sometimes Drug Recognition Expert (DRE) opinions. Medical conditions, fatigue, and language barriers can mimic “impairment,” giving the defense room to challenge the state’s proof.
Are field sobriety tests reliable if English isn’t my first language?
Instructions and demonstrations matter. Confusion from language, injuries, footwear, weather, or roadside conditions can undercut the value of the tests. Jurors often expect clear proof beyond slurred speech and balance issues, especially when explanations fit the circumstances.
Can an out-of-state driver keep their home-state license?
Massachusetts can suspend your right to drive here and may report the case to your home state. Many states reciprocate. Coordinate strategy with counsel who understands interstate consequences before you act.
Will I need an ignition interlock device (IID)?
Interlocks are generally required for multiple-offense cases and certain hardship reinstatements. Timing, eligibility, and compliance rules are technical; one misstep can re-suspend you. Counsel helps plan the fastest path back to legal driving.
Does an OUI affect immigration or international travel?
A standard OUI is usually not a crime of moral turpitude, but facts like injuries, a child in the car, or additional charges can complicate matters. Some countries, including Canada, may restrict entry after impaired-driving convictions. Get immigration-informed advice before deciding on a plea.
Can I fight the stop itself?
Yes. If police lacked reasonable suspicion to pull you over, everything that followed can be suppressed. Video, dispatch logs, and inconsistent narratives often decide these motions.
What should I do in the first 48 hours after arrest?
Don’t drive on a suspended license, keep all paperwork, list witnesses and locations, and avoid discussing details with anyone but your lawyer. Ask counsel about RMV deadlines and whether to obtain medical records that explain balance, speech, or eye issues.
Act quickly to protect your license
You generally have a short window to request certain RMV relief after a refusal suspension. Do not drive on a suspended license. Keep all paperwork, note witnesses and locations (e.g., outside TD Garden, Woburn Village, or downtown Framingham), and avoid discussing your case with anyone but your lawyer. Our attorneys manage court dates, RMV issues, and strategy from day one.