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Attorney Brian Simoneau is a great lawyer. He is very versed on the current laws and he will help you convey a well organized winning case. I would highly recommend him.
James F.
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DUI, DWI, & OUI Lawyer in Massachusetts

Helping Our Clients Protect Their Driving Privileges And Avoid Unfair Outcomes

Encountering law enforcement while driving can be an anxiety-inducing experience, particularly if you’re facing charges of driving under the influence (DUI), driving while intoxicated (DWI), or operating under the influence (OUI) in Massachusetts. The negative consequences of a conviction extend far beyond a mere criminal record; they can profoundly disrupt your life. However, there are avenues for defense and recourse available to you, even if you’ve already faced a conviction. Retaining the services of a skilled DUI, DWI, OUI lawyer in Massachusetts can significantly improve your chances of securing a favorable outcome.

At The Law Office of Brian Simoneau, our team is dedicated to advocating for our clients and ensuring their rights are protected throughout the legal process. We understand the potential injustices individuals may face within the legal system and are committed to fighting against wrongful charges and excessive penalties. If you’re confronting allegations of operating under the influence, it’s imperative to seek legal representation promptly.

Don’t face drugged or drunk driving cases alone. Schedule a free case evaluation to explore the best defense options for your situation.

What Are Massachusetts’ Impaired Driving Laws?

In Massachusetts, understanding the differences between DUI, OWI, and DWI is essential for protecting your legal rights if you are facing an impaired driving charge. While the terms are often used interchangeably, each has specific implications under state law:

  • DUI (Driving Under the Influence): This applies when a driver operates a vehicle while impaired by alcohol or drugs. A first offense DUI can lead to license suspension and fines, while a third offense DUI carries more severe penalties, including potential jail time.
  • OWI (Operating While Intoxicated): Similar to a DUI, an OWI case focuses on the driver’s blood alcohol content (BAC) and whether it exceeds the legal limit. A third offense OWI is treated as a serious criminal conviction with long-term consequences.
  • DWI (Driving While Intoxicated): In Massachusetts, this term is often used interchangeably with OWI, but it is critical to distinguish it during legal proceedings, especially in drunk driving defense or OWI defense cases.

At The Law Office of Brian Simoneau, P.C., our law firm assists clients with DUI defense cases, protecting their driver’s license and navigating license suspension issues while advocating for their legal rights throughout every stage of the process.

What Are The Penalties Of Impaired Driving Convictions in Massachusetts?

Facing a DUI, OWI, or DWI charge in Massachusetts can have serious effects. The penalties vary depending on the offense and whether it is a first, second, or third offense:

  • First Offense: A first-time DUI or OWI can result in fines, license suspension, mandatory ignition interlock device installation, and possible probation. Even for a first offense, negotiating a plea bargain with the court can help achieve the most favorable outcome.
  • Second Offense: Second-time DUI offenders face longer license suspensions, increased fines, mandatory alcohol education programs, and potential jail time. An experienced defense attorney can help protect your rights and explore alternatives during an initial consultation.
  • Third Offense: A third offense DUI or OWI charge is treated as a serious criminal conviction, carrying steep penalties, extended license suspension, and significant jail time. Early intervention and legal guidance, provided during a free case evaluation or initial consultation, can make a critical difference in your defense strategy.

At The Law Office of Brian Simoneau, P.C., our firm works closely with clients to understand each charge and develop a defense plan that aims for the most favorable outcome, while ensuring every initial consultation provides clear guidance on next steps.

What Should You Know: Guidance From a Massachusetts DUI Lawyer

In most states, a DUI defense is relatively straightforward. You only have to prove that you weren’t driving under the influence of alcohol or drugs. Unfortunately, it’s just not as simple in Massachusetts. That’s why it’s vital for you to understand state laws. For instance, state laws refer to operating under the influence rather than driving under the influence or driving while intoxicated. That’s because you can be charged with a crime for operating a vehicle — even if you weren’t driving at all.

Unfortunately, something that may not result in a DUI conviction in one state could give you a criminal record in Massachusetts. People have been charged with OUI for sitting in the driver’s seat, attempting to start a vehicle, and even being in control of a vehicle in a public place. The Massachusetts Supreme Judicial Court has issued various rulings meant to uphold this strict law. So, don’t assume a breathalyzer test will have no ill effects just because you’re not driving. Prosecutors have built criminal cases on much less.

Frequently Asked Questions: DUI, OWI, & DWI

Are There Any Defenses for Operating Under the Influence Charges?

If you’ve been charged with an OUI in Massachusetts, you’re probably wondering if mounting a successful drunk driving defense is possible. Police and prosecutors will no doubt try to convince you that a conviction is unavoidable. However, this isn’t always true. An experienced Massachusetts DUI lawyer can contest field sobriety tests, challenge the traffic stop, question the officer’s observations or blood test procedures, and even establish that a person’s BAC was below the limit while driving — but not after the stop. Clearly, there are many OUI defenses.

Of course, there are also cases where the best criminal defense can’t avoid a conviction. This doesn’t necessarily mean you’re left to the whims of the system. For instance, what if you’ve lost your license due to a conviction or refusing a breathalyzer test? An experienced attorney may be able to have it reinstated or get you a hardship license. What if you’re facing a third offense, which can result in a minimum six-month sentence? Legal professionals may be able to reduce these OUI cases to charges of other motor vehicle crimes.

Regardless of the circumstances of your case, scheduling an initial case review with an attorney can ensure you’re better prepared for your court date on OUI offenses.

Do You Need a DUI & OWI Lawyer in Massachusetts?

Facing DUI or OWI charges in Massachusetts can be overwhelming, and many people wonder whether they need an attorney—especially if they believe a high blood alcohol concentration makes a not-guilty verdict unlikely. Some individuals attempt to fight charges on their own, thinking their innocence is obvious, while others trust prosecutors’ promises of a “fair deal.” In either case, proceeding without legal counsel can have serious consequences.

A Massachusetts DUI defense lawyer from The Law Office of Brian Simoneau, P.C. brings years of experience navigating the complexities of state law. Our attorneys understand the nuances of DUI, OWI, and DWI cases, including defenses that have been successful in similar situations and emerging legal issues that could impact your case.

How Can Our Firm Help Your DUI, OWI, and DWI Case?

Working with our team means you gain an advocate who can:

  • Negotiate with prosecutors to pursue the most favorable outcome
  • Challenge evidence that may have been improperly obtained
  • Identify violations of your legal rights that could result in a not-guilty verdict

While no attorney can guarantee the outcome of your case on a general legal blog, scheduling a free case evaluation with our law firm ensures you receive personalized guidance tailored to your situation. Our goal is to help you protect your driver’s license, your future, and your life’s momentum.

Schedule a Free Initial Consultation With Our Massachusetts DUI, DWI, And OUI Lawyer Today

Drunk driving and drug crimes are serious charges in Massachusetts. As such, they carry serious consequences. Unfortunately, these statutes don’t always have their intended purpose. Many people have been wrongfully charged, and countless others have had their lives unnecessarily upended. Remember: the state doesn’t want you to have a solid DUI defense. Their goal is to get you through the system as quickly as possible. Don’t let their desire for expediency interfere with your rights. Reach out to a DUI attorney today.

At The Law Office of Brian Simoneau, our primary goal is to secure beneficial outcomes for our clients. There are instances where a conviction may be unavoidable, but this doesn’t mean your life needs to be ruined. Of course, it’s also possible that charges could be dismissed entirely. No two cases are alike, so it’s important to understand the unique circumstances of your situation.

Contact us today by calling 508-625-5776 for a confidential case review. You need a dedicated OUI attorney in Massachusetts on your side.