Understanding Continuance Without a Finding (CWOF)

If you’re facing a first-offense OUI charge in Massachusetts, you’ll likely hear about something called a “Continuance Without a Finding” or CWOF. This alternative disposition can be confusing—it’s not quite a guilty plea, but it’s not a not guilty verdict either. Understanding what a CWOF really means is crucial for making informed decisions about your case.

What Is a CWOF?

A Continuance Without a Finding is exactly what it sounds like: the court continues your case for a period of time (typically one year) without making a finding of guilty. You admit to sufficient facts—meaning you acknowledge there’s enough evidence to potentially convict you—but you don’t plead guilty.

If you successfully complete all the terms and conditions of your CWOF, the case is dismissed. It doesn’t appear on your record as a criminal conviction. You’re not found guilty. It is important to note that a CWOF remains on your criminal record.

But here’s the critical detail: for purposes of Massachusetts OUI law, a CWOF counts as a prior offense. If you’re arrested for OUI again, that CWOF is treated exactly the same as a guilty conviction. This means higher penalties, longer license suspensions, and potentially even felony charges.

Typical CWOF Terms and Conditions

The standard CWOF disposition for a first OUI in Massachusetts includes several requirements. You’ll be on probation for one year, meaning you have to report to a probation officer and follow certain rules. You’ll pay approximately $600 in fees and fines.

Your license will be suspended for 45 to 90 days beyond any administrative suspension you’re already serving. You’ll be required to complete an alcohol education program, which involves assessment and counseling sessions.

Here’s what many people don’t realize: you’re eligible for a hardship license during this suspension. This 12-hour daily license allows you to drive for work, school, medical appointments, or any other purpose. Not all attorneys help clients obtain this license, so ask specifically if your lawyer will assist with this process.

The Difference Between CWOF and Guilty

Why take a CWOF instead of just pleading guilty? The main benefit is that it’s not a criminal conviction on your record. For employment purposes, professional licensing, or housing applications, you can honestly say you’ve never been convicted of a crime.

However, there’s a critical caveat: for OUI purposes specifically, the CWOF functions exactly like a conviction. Massachusetts has a lifetime lookback period for OUI offenses, and a CWOF counts as a prior offense forever.

This distinction may matter for people whose careers require reporting a conviction, although most renewal applications simply ask if you have been charged with a criminal offense since your last application. Teachers, healthcare professionals, lawyers, and people who work with children may face disciplinary action from licensing boards for a CWOF as well as a conviction. It is important to review employment contracts or security clearances to see if it distinguishes between convictions and other dispositions.

What Happens If You Violate CWOF Terms?

If you violate the terms of your CWOF—miss probation appointments, get arrested for another crime, fail to complete the alcohol program, or simply don’t pay your fees—the court can revoke the CWOF and find you guilty of the original charge.

This means that guilty conviction now appears on your record. You face all the same penalties as if you’d originally pled guilty, but you’ve already served the probation period and paid the fines. Essentially, you get the worst of both worlds.

The stakes are high enough that you need to take every requirement seriously. Set reminders for probation appointments. Complete the alcohol program promptly. Stay out of trouble for that year.

Is a CWOF Always the Right Choice?

Not necessarily. Just because a CWOF is offered doesn’t mean you should take it. If you have strong defenses to the charges—maybe the officer lacked probable cause to stop you, or the breathalyzer wasn’t properly calibrated—going to trial might result in a not guilty verdict.

A not guilty verdict is always better than a CWOF. It means no conviction, no CWOF on your OUI record, no fees, no license suspension, and no restrictions. The case is dismissed entirely, and in ten days, it’s automatically sealed from your record.

This is why you need an experienced OUI attorney to evaluate your specific case. They can analyze the evidence, identify potential defenses, and advise whether accepting a CWOF makes sense or whether you have a strong chance at trial.

The Long-Term Implications

Before accepting a CWOF, consider your long-term plans. Do you drive for work? A 45–90 day license suspension might cost you your job. Understand how your licensing board treats CWOFs versus convictions.

Most importantly, think about your likelihood of being in a similar situation again. If you struggle with alcohol use, that CWOF will count against you if you’re arrested for OUI in the future—even 20 or 30 years later. Massachusetts’s lifetime lookback means a second offense always carries significantly harsher penalties.

A CWOF can be an excellent resolution for a first-offense OUI, but it’s not automatically the right choice for everyone. Evaluate your options carefully with an experienced attorney before making this decision.

Contact Milligan & Higgins for a free consultation or second opinion. Please send us an email: Intake@milliganhiggins.com or call 781-878-1231.