Are You Facing a DUI (OUI) Charge?

If you face an operating under the influence (OUI) charge in Massachusetts, currently or in the future, you must have the advice and representation that a Woburn DUI attorney provides, and you must get in touch with that attorney as soon as possible.

Of course, no one can guarantee the outcome of a criminal prosecution. Still, retaining a skilled and experienced Woburn DUI lawyer is your best hope for fighting an OUI charge and avoiding the consequences of an OUI conviction.

What does an OUI conviction in Massachusetts entail? Does an OUI conviction follow you and damage your ability to find housing or employment? Can the conviction be expunged, or can the record of your OUI conviction be sealed?

How Do Massachusetts Courts Penalize OUI Convictions?

DUI is called operating under the influence or “OUI” in Massachusetts law. But whether it’s called OUI, DUI, or DWI, the laws against intoxicated driving are aggressively enforced by Massachusetts law enforcement agencies and courts.

Provided that you are 21 years old (or older) and there are no aggravating circumstances in your case, a Massachusetts court may penalize your first OUI conviction with:

  1. a fine from $500 to $5,000
  2. up to two-and-a-half years in custody
  3. up to two years on probation
  4. completion of a court-ordered alcohol or drug education class
  5. a one-year driver’s license suspension

For first time offenders there is an alternative disposition, which is more focused on treatment and offers substantially shorter loss of license if that disposition is given. 

Penalties increase substantially for a second OUI conviction, and a third conviction is a felony conviction punishable with up to five years in prison, a fine of up to $15,000, the seizure and sale of your vehicle, and a lengthy driver’s license suspension.

What is Expungement? What is “Sealing” a Criminal Record?

Under Massachusetts law, expunging a criminal record permanently erases the record so that it is not “accessible to, or maintained by, the court, any criminal justice agencies or any other” government agency.

Sealing the record of a criminal case substantially restricts access to the record. After a waiting period, you may petition the court to seal the record if you pleaded guilty or were convicted of operating under the influence.

You must wait three years after your conviction and any period of incarceration, parole or probation to seal your conviction record if the OUI charge was a misdemeanor. If the charge was a felony, you must wait seven years before asking the court to seal your conviction record.

If you received a continuance without a finding, pretrial probation, or a dismissal of charges you may petition the court to seal the record immediately upon dismissal. While this can be done, it is not automatic and you will need to demonstrate to the judge that “substantial justice” would best be served by the sealing. In other words, the criminal matter is impacting you in a serious way, such as restricting your ability to obtain certain employment or housing.

If the court finds that there was no probable cause for charges or you are found not guilty after trial, the record of your OUI will be sealed automatically ten (10) days after such a finding, unless you object in writing to it being sealed.

Which OUI Convictions May Be Expunged?

The Massachusetts courts do not expunge convictions in most criminal cases, including OUI cases. Massachusetts courts will expunge OUI records for these reasons only:

  1. If another person stole your identity and received an OUI conviction while using your identity, but you are factually innocent, the court may expunge the conviction;  or 
  2. A court employee, law enforcement official, civilian witness or expert witness committed a “demonstrable error” in the case; or
  3. There was demonstrable fraud perpetrated upon the court. 

In these circumstances, a Woburn DUI attorney will file your petition with the court and take the appropriate steps to have your OUI conviction expunged. However, for most convicted OUI offenders, having your record sealed will be your sole option.

What Happens When an OUI Conviction is Sealed?

When an operating under the influence record is sealed, it is no longer available to the general public, including most employers and landlords. Only the following parties may access a sealed criminal record in Massachusetts:

  1. prosecutors and law enforcement agencies
  2. courts and probation authorities
  3. child protective agencies
  4. the federal government and federally-funded programs

The police are also allowed to access your sealed OUI record if you are applying for a license to carry a firearm.

If Your OUI Conviction is Sealed, What Can You Tell Employers?

The Massachusetts record-sealing law lets you legally tell employers, landlords, and educational institutions that you have no record.

After your record is sealed, if a potential employer, landlord, or educational institution asks the Massachusetts Department of Probation or Department of Criminal Justice Information Services whether you have a criminal record, those agencies must also respond that you have no record.

Depending on the details of your case, the rules for sealing an OUI record in Massachusetts can be quite complicated and confusing. If you need to have an OUI record expunged or sealed, the first step is to seek sound, personalized legal advice from a Woburn DUI lawyer.

What Else Should You Know?

An OUI arrest, conviction, and record can all be avoided by following one simple rule: Don’t Drink and Drive. Get a taxi, an Uber, a limo, or a designated driver. Massachusetts prosecutors believe it is their responsibility to prosecute intoxicated drivers to the full extent of the law.

If you are charged with OUI, you will need a genuinely good defense lawyer who can find – if at all possible – a reason to have the charge reduced or dismissed. In the 21st century, OUI law is a highly technical field requiring specialized scientific and legal knowledge.

But with so many attorneys practicing in Massachusetts, where can you find a defense attorney who has that knowledge and who will make your OUI case a priority? Take your case to Contant Law.

Let Us Fight for You

If you face an OUI charge anywhere in Massachusetts, you are going to need the sound advice and aggressive representation that Contant Law provides.

Award-winning defense attorney Michael A. Contant has a quarter-century of experience prevailing on behalf of his OUI clients. He leads a team that is dedicated to legal excellence and superlative client service.

If you are facing an OUI charge in this state, or if you need to have an OUI record sealed or expunged, promptly schedule a no-cost, no-obligation consultation with Contant Law by calling us at 617-221-8221. Let us put our experience and legal knowledge to work for you.