If you’ve been charged with your first OUI, there are a few possible outcomes to your case. In this blog, we’ll walk through each of those outcomes and what they mean for you and your OUI case.
Case Dismissal
An OUI case can be dismissed when there has been an unlawful stop of your motor vehicle or if an officer fails to appear on your trial date, although most judges will give the commonwealth another opportunity to get the witnesses needed for trial.
When an OUI charge is dismissed, it means that your case concludes without a trial, although there will be a criminal entry on your record that indicates the case is dismissed. . If you suspect that your stop, search, or arrest may have been unlawful or that field sobriety tests may have been improperly administered, speak to your attorney about the possibility of dismissal.
Not Guilty Verdict
When you go to trial for your first OUI charge, you can either be found “guilty” or “not guilty.” A not guilty verdict, also called an acquittal, occurs when the presiding judge or jury listens to the evidence in the case and hears arguments from both the prosecution and the defense, and then concludes that there is a reasonable doubt to convict you of an OUI. If you’re acquitted, your criminal record will reflect a Not Guilty finding.
Guilty Verdict
If you go to the trial for your OUI case, your lawyer and the Commonwealth their cases, and the judge determines that you committed an OUI, you will receive a guilty verdict. This will result in conviction and sentencing. First OUI penalties in Massachusetts are relatively severe compared to many other states. If you’re found guilty of a first OUI, your penalties will include:
- A monetary fine between $500 and $5,000
- A one-year license suspension or 45-90 days if you agree to do an impaired driving course
- A permanent criminal record of the incident
There are other penalties that you may face as well depending on the specific circumstances of your OUI case and the discretion of your judge, such as:
- Mandatory installation of ignition interlock devices in all owned and operated vehicles
- Up to two and a half years of jail time
How to Achieve a Favorable Outcome in Your First OUI Case
When you’re charged with an OUI, you want to avoid a guilty verdict and the associated penalties. The best way to achieve a favorable outcome in your first OUI case is to begin working with a qualified OUI defense lawyer as soon as possible after your arrest. Your OUI defense lawyer can use their expertise in OUI defense and work with you to craft a solid argument for your innocence.
Attorney James Milligan is one of the premier Massachusetts OUI defense lawyers with over 25 years of experience practicing exclusively OUI defense. Attorney Milligan has a proven track record of beating OUI charges for his clients which have earned him recognition for outstanding work in his field. If you’re interested in working with him, you can contact Attorney Milligan for a free consultation today.
