Reputable & Experienced Attorney Who Will Relentlessly Fight On Your Behalf

Boston OUI/DUI Attorney

Over 20 Years of OUI Trial Experience in Boston Courts

At Jack Diamond Law Offices, OUI defense is a primary focus of our criminal practice. With more than two decades in Boston-area courts and experience as a former Massachusetts prosecutor, we understand how OUI cases develop, how evidence is challenged, and how local procedures can affect outcomes.

Clients choose us for steady support, practical guidance, and clear communication throughout both court proceedings and RMV hearings.

We offer:

20+ years of criminal and OUI trial experience
Led by Attorney Jack Diamond, a former Massachusetts prosecutor with deep insight into OUI cases
Focused OUI and criminal defense representation
Familiarity with Boston Municipal Court, Suffolk Superior Court, and surrounding courts
Understanding of local enforcement practices, including Boston Police and Massachusetts State Police checkpoints
Detailed review of breath test results, sobriety testing procedures, and arrest reports
Direct communication so clients always know their options and next steps
Guidance through both RMV and court proceedings

If you're dealing with an OUI charge, you don't have to navigate it alone. Call (617) 925-6772 or contact us online to set up a confidential consultation and get clear guidance on your next steps.

OUI Defense Topics We Cover

How Massachusetts Defines & Prosecutes OUI

In Massachusetts, the charge for drunk driving is legally called Operating Under the Influence (OUI). This is the same charge that most other states refer to as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

Under Massachusetts General Laws Chapter 90 § 24, a driver may be charged with Operating Under the Influence (OUI) if they have a blood alcohol content (BAC) of 0.08% or higher, or if police allege impairment by alcohol or drugs. Importantly, visible signs of impairment are not necessary for charges to be filed, chemical test results and officer observations often play a central role. A first OUI charge can bring potential jail exposure, fines and court fees, license suspension or hardship-license restrictions, and mandatory alcohol education or treatment programs.

These consequences can affect employment, transportation, and daily responsibilities, making early guidance and a clear understanding of your legal options especially valuable.

Our Services

Building a Strong OUI/DUI Defense

An arrest is not the same as a conviction. Massachusetts law allows defense counsel to review the basis for the stop, testing procedures, and the handling of evidence.

Common areas of review include:

Breathalyzer maintenance/calibration records
Field sobriety testing procedures
Dash-cam or body-camera footage when available
Medical or physical conditions that may affect testing
Legality of the traffic stop and arrest procedures

Our role is to review the facts, evaluate the evidence, and guide clients through their options based on Massachusetts OUI law and court procedure.

What Happens After an OUI Arrest

Understanding the process can reduce stress and help you respond effectively. OUI arrests often occur during evenings and weekends, particularly near entertainment districts and major roadways.

Typical court stages include:

Arraignment. The court reads your charges and you enter a plea. If the District Attorney’s office requests bail, you may attend a bail hearing shortly after.
Pre-trial conference. At this meeting, you and your lawyer meet with the prosecution to discuss the case. Sometimes, cases resolve at this conference. If you are not satisfied with the offers, you can proceed to trial in court.
Motion hearings. Not all cases have a motion hearing. If your lawyer believes police obtained evidence unlawfully, they may request a motion to suppress it. In some cases, a successful motion hearing can result in case dismissal.
Trial. If the case goes to trial, an attorney presents your defense in court. The prosecution also presents their evidence. Some trials go before a judge, others to a jury of six. The decision for a judge or jury typically happens close to the trial date.
Sentencing. If convicted of OUI, the judge decides your sentence after hearing from both sides. Sentencing usually takes place immediately after the trial.

Each case moves differently. Our firm guides clients through each phase, helping them understand the process and participate confidently in their defense.

For a general overview of court procedures, the Commonwealth offers a helpful resource on the pre-trial, trial, and verdict process.

Implied Consent Laws in Massachusetts

Massachusetts follows an implied consent rule: a lawfully arrested driver is expected to submit to chemical testing. Refusing the test triggers an RMV-imposed license suspension that is separate from any court outcome.

Suspensions generally include:

No prior OUI - 180 days
One prior OUI - 3 years
Two prior OUIs - 5 years
Three or more prior OUIs - Lifetime

This suspension is separate from, and may run consecutive to, any criminal court-imposed suspension. Many people request an RMV hearing after a refusal, and timing matters, acting early can affect eligibility for limited or hardship licenses.

Is OUI a Felony or Misdemeanor?

Whether an OUI is treated as a misdemeanor or felony depends on the circumstances of the case. First and second offenses are typically charged as misdemeanors, while a third or subsequent OUI is a felony. An OUI involving serious bodily injury, death, or manslaughter is also charged as a felony. Even a first offense, however, carries serious consequences, including a criminal record, potential probation, required education or treatment programs, and license suspension.

In Boston, prosecutors and courts take public-safety-related cases seriously, particularly those stemming from high-traffic areas, nightlife districts, and college neighborhoods. Working with a defense attorney experienced in local OUI matters offers clarity on how the law applies to your situation and what to expect as your case moves through the courts.

Probation for OUI Conviction

Many first-time and second-time OUI convictions in Massachusetts result in probation rather than jail. For eligible first-time drivers, the court may impose a “24D disposition,” which functions as an alternative-disposition program that emphasizes education and monitored compliance over incarceration.

Probation terms typically include:

Alcohol education program
Community service (often around 30 hours)
Short-term license suspension (typically 45–90 days or 210 days if you are under 21)

For individuals with a prior offense within ten years, probation may involve:

14-day inpatient program, followed by outpatient treatment
Two-year license revocation, with the opportunity to apply for a hardship license after treatment

Boston courts may also order alcohol monitoring devices or assessments based on recent updates to Massachusetts OUI laws, especially for arrests in high-traffic nightlife zones.

Probation conditions and eligibility can vary, which is why knowing the specific court and local judge procedures can make a practical difference.

5 Star Testimonials

Trusted By Many

Jack Diamond is a true professional.
“Jack was very personable during our initial meeting.”

- Keith W.
He knew the laws up and down and knew what would happen before anything took place.
“Jack Diamond would be the lawyer.”

- Anthony S.
His knowledge on the laws of procedures as well as his comfort level in the courtroom was very evident and helped put me at ease.
“It was quite reassuring…professional, realistic, positive, excellent!”

- Deborah H.
His handling of my case was truly superb
“I would recommend Jack Diamond to a family member or a friend without any hesitation.”

- James C.
Jack would be my only recommendation.
“Mr. Diamond made me feel both comfortable and confident, which put my mind at ease.”

- Lance M.
My outcome was good and he put me at ease during a difficult time.
“His skills showed proof from our first meeting up to the conclusion of my case.”

- Joe S.
I strongly recommend Jack Diamond to anyone in an OUI situation that cannot afford to risk losing his or her driver's license.
“He approaches a very emotional situation with a winning attitude.”

- Jennifer H.
Jack made me feel that I was making the right decision in fighting the charges and he was right!
“Jack made me feel that I was making the right decision in fighting the charges and he was right!”

- Joseph F.
Jack Diamond definitely knows all of the OUI laws and court procedures. He told me exactly what was going to happen and when before it even happened.
“I definitely recommend Jack Diamond to a friend or family member who unfortunately find themselves in my position.”

- Kerry W.

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Charged With OUI in Boston?

Facing an OUI can feel overwhelming, but informed guidance provides direction and stability. At Jack Diamond Law Offices, we focus on OUI and criminal defense in Massachusetts, supported by extensive courtroom experience and familiarity with local court procedures.

Have questions about your situation? Call (617) 925-6772 or contact us online to talk through your options in a confidential consultation.

FAQs

How do Boston-area OUI cases differ from other parts of Massachusetts?

Enforcement patterns, court schedules, and approaches to treatment programs can vary by location. Downtown Boston, Back Bay, Fenway, and Seaport OUI stops often come from nightlife-focused patrols and checkpoints, while suburban stops may stem from roadway monitoring or complaints. Familiarity with local prosecutors and procedures matters.

Will my license be suspended right away after an OUI charge?

Yes. A chemical-test refusal triggers an immediate RMV suspension. A test failure may also result in a separate administrative suspension.

Do penalties increase with each offense?

Yes. Repeat offenses carry progressively longer suspensions and may involve mandatory jail time.

Can I drive to work after an OUI arrest?

Eligibility for a hardship license depends on the charge, prior history, program participation, and RMV rules. Timeframe and requirements differ for refusals vs. convictions.

Are chemical tests always accurate?

Breath and blood tests can raise issues involving handling, calibration, timing, or medical conditions. These factors are commonly reviewed in OUI defense.

Will an OUI appear on my record permanently in Massachusetts?

OUI convictions and dispositions remain accessible for life for charging and RMV purposes in Massachusetts. For employment and background-check considerations, record-sealing rules may apply in certain situations, depending on the outcome and time that has passed.

24/7 Availability

Jack Diamond is available to answer your calls around the clock and offers free consultations.
Continuing Education

Jack Diamond does continuing education to keep current with laws & changes within the legal system.
20+ Years of Experience

Jack Diamond began his career as a prosecutor in 1990 & has gained a great reputation.

Free Consultations

Call our office today at (617) 925-6772 Or fill out the form below to schedule your consultation.

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