I could not have gone through this without him and I am truly grateful for all his hard work and dedication to my case.
Conor was a phenomenal attorney. He was very professional and talented. He responded promptly to my phone calls and e-mails and was always there with my questions.
— Former Client
View All Reviews
Prior results do not guarantee a similar outcome.

Aggressive Defense Against DUI/OUI Charges in Worcester

Being charged with DUI (Driving Under the Influence) or OUI (Operating Under the Influence) in Massachusetts can mean jail, fines, and loss of your license. With so much at stake, you need an experienced defense attorney on your side. Clients choose us because:

  • Former Prosecutor Experience
  • Handled Thousands of Criminal Cases
  • Personalized Defense Strategies
  • Deep Insight Into Prosecutorial Tactics
  • Strong Courtroom Advocacy
  • Free Consultation

What Is DUI/OUI in Massachusetts?

In Massachusetts, DUI and OUI both mean operating a vehicle while impaired by alcohol or drugs.

  • Consequences: Penalties are severe, regardless of the substance involved.
  • BAC limits: 0.08% for drivers 21 and older; 0.02% for drivers under 21.
  • Applies to alcohol and drugs: Includes illegal drugs, prescription medication, and even over-the-counter drugs.

What Is the Legal Process for an OUI Case?

  • OUI vs. DUI: Massachusetts uses the legal term OUI, though DUI is commonly used elsewhere.
  • BAC Limit: Drivers 21+ are legally intoxicated with a BAC of 0.08% or greater.
  • Court Process: An OUI case usually involves:
    1. Arraignment
    2. Pre-trial conferences
    3. Motion hearings
    4. Trial (if no plea agreement is reached)

Penalties for a DUI/OUI in Massachusetts

The penalties for DUI/OUI convictions in Massachusetts can be life-changing, and they increase with each subsequent offense. Here are some of the penalties you could face:

  • First Offense: Up to 2.5 years in jail, $500–$5,000 in fines, license suspension up to 1 year.
  • Second Offense: 30 days to 2.5 years in jail, $600–$10,000 fines, 2-year license suspension.
  • Third Offense (Felony): 150 days to 5 years in jail, up to $15,000 fines, 8-year license suspension.
  • Fourth Offense: Up to 5 years in state prison, up to $25,000 fines, 10-year suspension.

Repeat offenders may also face ignition interlock device requirements.

Defending Against DUI/OUI Charges in Massachusetts

At Geraghty Law, we examine every detail to challenge the state’s case. Defense strategies may include:

  • Challenging breathalyzer or sobriety tests: Machines can be faulty, tests subjective, or medical conditions (like diabetes) may cause false results.
  • Lack of probable cause: If police stopped you illegally, charges may be dismissed.
  • Medical conditions/medications: Some conditions mimic signs of intoxication.
  • Insufficient evidence: Weak or inconsistent reports, missing video, or unreliable witnesses can undermine the case.

Each case is unique; we build defenses tailored to your circumstances.

What Should You Do After a DUI Arrest in Worcester?

If you’ve been arrested, take these steps quickly:

  1. Stay calm and cooperate with police without volunteering unnecessary information.
  2. Do not assume guilt. Field tests and breathalyzers are not always accurate.
  3. Contact a DUI/OUI attorney immediately to protect your license and rights.
  4. Avoid discussing your case with anyone except your lawyer.

Can Police Errors Help Your OUI Defense?

Yes. Common police mistakes include:

  • Making a stop without legal justification.
  • Mishandling breathalyzer machines.
  • Improperly administering sobriety tests.
  • Misinterpreting driver behavior (such as swerving from fatigue, not alcohol).

Exposing these errors can weaken or even collapse the prosecution’s case.

How Geraghty Law Can Help

When you’re facing DUI/OUI charges, you need an attorney who will go above and beyond to defend your rights. Attorney Conor J. Geraghty takes a personalized approach to every case, crafting defense strategies based on your circumstances. With years of experience handling DUI/OUI cases and an in-depth understanding of Massachusetts law, Conor knows how to challenge the prosecution and fight for reduced charges or case dismissal.

As a former prosecutor, Attorney Geraghty brings a unique advantage to your defense. He understands how the state builds its cases and uses that insight to identify weaknesses in the prosecution’s arguments. Above all, Geraghty Law provides aggressive, strategic defense for every client, from negotiating plea deals to taking cases to trial.

Contact Geraghty Law for a DUI/OUI Consultation

If you’ve been charged with DUI or OUI in Massachusetts, turn to Geraghty Law. Attorney Conor J. Geraghty is available 24/7 to provide the dedicated, aggressive defense you need. The sooner you contact us, the sooner we can start building your defense and protecting your driving privileges.

FAQs

How much does a DUI lawyer cost in Massachusetts?

A DUI lawyer in Massachusetts can cost anywhere from $3,000 to $10,000, and more, depending on the lawyer’s experience and how complex the case is.

What percent of DUI cases get dismissed in Massachusetts?

Around 10–20% of DUI cases in Massachusetts may be dismissed, but the outcome depends on the evidence and how strong the defense is.

What are the chances of getting a DUI dismissed?

The chances of getting a DUI dismissed vary by case. Dismissals often happen if there were police errors, problems with the stop, or issues with breathalyzer results.

What is the best plea deal for DUI?

The most common plea deal for a DUI is a reduction to a lesser charge, such as reckless driving. The “best” deal depends on the evidence and the person’s driving record.

How long do you lose your license for DUI in Massachusetts?

In Massachusetts, a first DUI (OUI) conviction can suspend your license for 1 year. Refusing a breath test brings at least a 180-day suspension, with longer penalties for repeat offenses.

How long does an OUI stay on your record in Massachusetts?

An OUI stays on your Massachusetts driving record for life, and prior offenses may be used to enhance penalties for future charges.

What is the difference between OUI and DUI in Massachusetts?

Massachusetts uses OUI as the legal term, but DUI is commonly used in other states. In practice, they refer to the same conduct.

Is an OUI a felony in Massachusetts?

An OUI becomes a felony beginning with a third offense or when serious injury or death is involved.