OUI / DWI Defense

Charged with OUI in Massachusetts?

An OUI conviction can cost you your license, your insurance rates, and your record. Attorney Reinhardt has defended these cases for three decades — including the science and procedure that make them winnable.

Request a Free Consultation Call (978) 872-9410

What's at stake

In Massachusetts, driving under the influence is charged as OUI (Operating Under the Influence) — of alcohol or of drugs. Even a first offense is a criminal charge that carries a potential jail sentence, fines, and a license loss through the Registry of Motor Vehicles.

Penalties escalate sharply with each offense. A first offense can mean up to 2½ years in the house of correction, fines, and a license suspension, though many first offenses resolve through the 24D disposition (probation, a fine, and an alcohol-education program) with a shorter suspension. Second, third, and fourth offenses carry mandatory minimum jail time, multi-year and lifetime license consequences, and felony exposure.

Failed a breath test between 2011 and 2019? Widespread problems with the Commonwealth's breathalyzer machines and the state's Office of Alcohol Testing led to thousands of breath results being excluded. If your case involved a breath test in that window, you may be entitled to a new trial or other relief. It is worth having the case reviewed.

How it works

How we defend an OUI

Every OUI is built on evidence that can be challenged — the stop, the field sobriety tests, and the breath or blood evidence.

01

Step 1

Review the stop and the evidence

We obtain the police report, booking video, and breath-test records, and examine whether the officer had a lawful reason to stop and detain you.
02
Step 2

Attack the tests

Field sobriety tests are subjective and often improperly administered. Breath machines require strict calibration and certification. We scrutinize every step.
- Was the stop supported by reasonable suspicion?
- Were field sobriety tests administered and scored correctly?
- Was the breath machine certified and the operator trained?
03

Step 3

Litigate motions to suppress

Where the stop, the arrest, or the testing was improper, we move to suppress the evidence — which can end the case.
04

Step 4

Negotiate or try the case

We pursue the best available disposition — including a 24D program on a first offense — or take the case to trial when that's the right call.

OUI questions

Should I have refused the breathalyzer?

In Massachusetts, refusing a breath test triggers an automatic license suspension through the RMV, but the refusal itself generally cannot be used against you as evidence of guilt at trial. The right answer depends on your history and the facts. Either way, a refusal does not mean the case is hopeless — call to discuss your specific situation.

Will I lose my license?

A license suspension can come from the criminal case and, separately, from the RMV for a refusal or failed test. The length depends on the offense number and the circumstances. We address both the court case and the RMV consequences, and can advise on hardship-license eligibility.

What is a 24D disposition?

For many first-offense OUIs, Massachusetts allows a disposition under G.L. c. 90 § 24D — typically probation, a fine, and an alcohol-education program, with a shorter license suspension and possible hardship license. Whether it's the best outcome for you depends on the facts; we'll walk you through the options.

My case involved a breath test from 2011–2019 — does that matter?

It may matter a great deal. Because of documented failures in breath-test evidence during that period, many results were excluded and many defendants became eligible for new trials or other relief. Bring your paperwork and we'll review whether it affects your case.

Case results

Actual results Attorney Reinhardt has obtained in matters like yours. Prior results do not guarantee a similar outcome — every case turns on its own facts.

Not guilty — no proof of operation

Firefighters allegedly found the client asleep in a vehicle that had veered into another car. By the time police arrived he was outside the vehicle and made no admissions about driving; based on his behavior and an odor of alcohol, he was charged with OUI. Because the client was not a U.S. citizen, Attorney Reinhardt urged him to take the case to trial. On the day of trial, recognizing the Commonwealth had no witness who saw the client behind the wheel, Attorney Reinhardt elected a jury-waived trial so the matter could be heard without delay. The judge found the client not guilty — the prosecution could not prove he had operated the motor vehicle.

Not guilty — mandatory jail avoided

The client faced a second-offense OUI, which carries a mandatory jail sentence and a two-year loss of license. At a jury-waived trial, Attorney Reinhardt used aggressive cross-examination of the arresting officer to raise significant doubt about whether the client was driving the vehicle at the time of the incident. The judge entered a not-guilty verdict.

Not guilty — drug evidence challenged

The client was stopped for speeding in Boston and charged with drug possession and operating under the influence of drugs; police also seized alleged paraphernalia and controlled substances from his vehicle. Before trial, Attorney Reinhardt prevailed at a hearing to suppress harmful statements the client had made. At trial he successfully challenged the alleged drug evidence, and the jury returned a not-guilty verdict.