OUI / DUI FAQ

Highly Experienced Criminal Defense Attorney Defending Clients Facing Boston Drunk Driving Charges

Being charged with Operating Under the Influence (OUI), often called DUI, in Massachusetts can have immediate and long-lasting effects. From license suspension to potential jail time, the consequences can be serious—even for a first offense. If you’ve been arrested in Boston for impaired driving, you probably have a lot of questions—and that’s where we come in. The Law Office of Patrick J. Murphy has been defending people against OUI charges for over 27 years. As a seasoned Boston OUI lawyer, Attorney Murphy understands the laws, the court system, and the strategies that can help protect your license, your record, and your future.

Below are answers to some of the most common DUI-related questions we hear from our clients in the Boston area.

Is DUI called OUI in Massachusetts?

Yes. In Massachusetts, the legal term is Operating Under the Influence (OUI), not DUI or DWI. But all three terms refer to the same basic offense: driving while impaired by drugs or alcohol.

What is the legal limit for blood alcohol content (BAC) in Massachusetts?

For most drivers, the legal limit is 0.08%. If your BAC is at or above this level, you can be charged with OUI. For drivers under 21, a BAC of 0.02% or higher can lead to penalties under the state’s zero-tolerance laws.

Can I be arrested for OUI even if I didn’t take a breath test?

Yes. Police can charge you with OUI based on field sobriety tests, your behavior, driving patterns, and physical signs of impairment—even without a breath or blood test. Refusing the breath test, however, has separate consequences with the Registry of Motor Vehicles.

What happens if I refuse the breath test in Boston?

If you refuse to take a breathalyzer test, your driver’s license will be automatically suspended by the RMV:

• 180 days for a first offense
• 3 years for a second offense
• 5 years for a third offense

However, you do have the right to challenge this suspension at a separate RMV hearing, but the deadline to do so is very short—usually within 15 days of your arrest.

Will I lose my license after a DUI arrest?

In most cases, yes. Your license can be suspended in two ways: through the RMV for refusing or failing a breath test, and through the court if you’re convicted of OUI. However, in many first-offense cases, you may be eligible for a hardship license.

Do I need a OUI lawyer for a first-time offense?

Absolutely. Even if you’ve never been in trouble before, an OUI conviction carries real consequences—fines, license loss, mandatory classes, and a permanent criminal record. A good Boston OUI lawyer can sometimes get the charges reduced, avoid a conviction altogether, or protect your license from long-term suspension.

What are the penalties for a first OUI offense in Massachusetts?

A first-time OUI conviction can lead to:

• Up to 2.5 years in jail (though rarely imposed)
• Fines and fees of over $1,000
• A one-year license suspension
• Enrollment in an alcohol education program

Many first-time offenders can resolve their case with a “24D disposition,” which includes probation and a shorter license suspension, but it still results in a criminal record.

What happens if I was arrested for OUI while visiting Boston from another state?

Out-of-state drivers can still be prosecuted under Massachusetts law, and any conviction will likely affect your home-state driving privileges. Attorney Murphy can often represent out-of-state clients in court without requiring them to return to Boston for every appearance.

Can an OUI lawyer get my record sealed after a conviction?

Eventually, you may be able to get an OUI sealed. Massachusetts allows individuals to petition to seal a first OUI conviction, however, a waiting period applies. Additionally, sealing is not automatic, and the conviction may affect job and housing opportunities in the meantime.

How can an OUI lawyer help with my case?

Attorney Murphy has extensive experience challenging the evidence in OUI cases, from faulty breathalyzer results to improperly conducted field sobriety tests. He has successfully represented clients in Boston Municipal Court and beyond, helping many avoid conviction, reduce penalties, or keep their license.

If you’ve been charged with OUI in Boston, acting quickly can protect your driving privileges and your future. Call the Law Office of Patrick J. Murphy today at (617) 367-0450 to schedule a free and confidential consultation.