OUI Lawyers in Boston
Skilled Trial Advocacy in Greater Boston & Eastern Massachusetts
An OUI (Operating Under the Influence) charge in Massachusetts can feel like an open-and-shut case. Between breathalyzer results, field sobriety tests, and police reports, many drivers mistakenly believe they have no choice but to plead guilty.
This is a dangerous assumption. In reality, OUI charges are some of the most scientifically and procedurally complex cases in the criminal justice system, and they are winnable.
At Gioia Law, we provide a sophisticated, trial-tested defense that challenges the state’s narrative from the initial stop. With a background leading the state’s Public Defender division and decades of trial experience, our team knows that failed test results are not the same as convictions.
We offer the aggressive, hands-on advocacy you need to protect your driver’s license and keep your record clean.
Learn more about your case and how we can help in a complimentary office or virtual consultation with a Boston OUI attorney. Call (857) 520-9085 or message us online. Available 24/7. Hablamos español.
Finding the Flaws: How We Can Dismantle OUI Charges
We don’t just manage your case; we deconstruct it. A successful OUI defense often hinges on the technicalities that police and prosecutors overlook.
Our firm investigates every detail to find inconsistencies, including:
- The initial stop. Did the officer have a constitutionally valid, reasonable suspicion to pull you over? If the stop was illegal, any evidence gathered afterward may be suppressed.
- Field sobriety tests. These tests are highly subjective and often performed under poor conditions. We look for environmental factors, such as uneven pavement, poor lighting, or medical conditions, that explain your performance better than impairment.
- The breathalyzer. Breath test machines are prone to calibration errors and must follow strict "observation period" protocols. We scrutinize the maintenance logs and officer certifications to challenge the reliability of the results.
- Video evidence. We review "booking room" and cruiser dash-cam footage. Often, a defendant appears perfectly coherent and steady on video, contradicting a police officer’s written claim that they were staggering or slurring.
Our Goal for Strategic Outcomes & Results
The Massachusetts OUI Laws
Under Massachusetts law, a person can be charged with OUI if they operate a motor vehicle while impaired by:
- Alcohol
- Illegal drugs
- Prescription medication
- Marijuana
- Any substance that affects their ability to drive safely
For alcohol-related cases, Massachusetts generally considers a blood alcohol concentration (BAC) of 0.08% or higher to be legally over the limit for adult drivers. However, a driver can still face OUI charges even with a lower BAC if police believe their ability to drive was impaired.
For drivers under 21, a BAC of 0.02% or higher can trigger charges. For commercial driver’s license holders operating a commercial vehicle, the legal limit is 0.04%.
- First offense: Up to two and a half years of jail time, fines up to $5,000, and a one-year license suspension.
- Second offense: Up to two and a half years of jail time, fines of up to $10,000, and a two-year license suspension.
- Third offense (felony): Up to five years in jail, fines of up to $15,000, and an eight-year license loss.
Melanie’s Law: Massachusetts also enforces strict penalties for refusing a breathalyzer test. An automatic administrative license suspension starts immediately, ranging from 180 days for a first offense to a lifetime ban for a fourth. This law also requires repeat offenders to install an ignition interlock device in their vehicle for a specified period.
The Advantages of Our OUI Representation
During my trial Attorney Gioia stood up for me at every twist and turn. I knew I was in good hands with him.- M.S.