Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Sherin Mamachen
Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Boston is known for an array of fun tourist attractions and sporting events—the Freedom Trail, Fenway Park and, of course, the many pubs all over the city. To enjoy these fun and vibrant spaces, many tourists and locals get behind the wheel of a car and drive.
If you choose to drink and drive, there is a possibility of being stopped for a suspected DUI. If that happens, check out this guide to find the best DUI lawyer in Boston.
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Best DUI Attorneys in Boston, MA
Compare Top DUI Attorneys
DUI Laws in Massachusetts
Under Massachusetts law, the crime of driving under the influence (DUI) occurs when an individual operates a vehicle in a public or private location where visitors may be present in the following situations:
- Driving with a blood alcohol concentration (BAC) of 0.08%.
- Driving under the influence of marijuana
- Driving under the influence of narcotic drugs
- Driving under the influence of intoxicating liquor
- Driving under the influence of stimulants or depressants
- Driving under the influence of smelling or inhaling toxic vapors
Understanding Massachusetts DUI laws will help you decide how to find the best attorney suited for your situation should you be stopped for an alcohol-related offense while driving.
Legal Blood Alcohol Concentration (BAC) in Massachusetts
In Massachusetts, it is against the law to drive a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. Individuals under 21 will have their license suspended by the Massachusetts Registry of Motor Vehicles( RMV) if they operate a motor vehicle with a BAC of 0.02% or above. Those holding a commercial driver’s license (CDL) will face a CDL suspension for driving a motor vehicle with a BAC of at least 0.04%.
Implied Consent Laws in Massachusetts
Like all other U.S. states, Massachusetts has implied consent laws in place to ensure the safety of its roads from drunk driving incidents. These laws mean that if you hold a driver’s license, you have automatically given consent to submit to chemical testing if you are arrested under suspicion of operating a vehicle while under the influence of drugs or alcohol—operating under the influence or OUI.
If you refuse to take the breath test administered to you, the arresting officer will immediately suspend your license, seize your vehicle for 12 hours and notify RMV within 24 hours.
You have the right to challenge the revocation and request an RMV hearing for a chemical test refusal, but you must do this within 15 days from the date you refused.
The length of your license suspension for chemical test refusal will depend on the number of OUI violations you already have on your record. Here is a breakdown of the suspension length for a driver who is over 21 years of age.
| Best DUI Lawyers Boston, MA Of 2024 | Suspension period |
|---|---|
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Zero
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180 days
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One
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Three years
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Two
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Five years
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Three or more
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Permanent
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If your license is revoked due to refusal to take a chemical test and later, you receive a not guilty verdict or if your case is dismissed, you can file a motion with the court requesting reinstatement of your license.
Once your license suspension expires or if a court approves your reinstatement request, you will still have to see a hearing officer to get your license officially reinstated.
DUI Penalties in Massachusetts
The penalties for DUI depend on whether you are a first-time offender or have multiple offenses.
Here are guidelines for the potential penalties you may face depending on the offense:
First DUI Offense
- Jail: Up to six months in jail
- Fines: $500 to $5,000
- License suspension/revocation: The court may suspend your license up to one year. After three months, you can apply for a hardship license.
Second DUI Offense
- Jail: 60 days to 2.5 years
- Fines: $600 to $10,000
- License suspension/revocation: The court may suspend your license for up to two years. After one year, you can apply for a hardship license.
Third DUI Offense
- Jail: 180 days to 2.5 years, or 2.5 to 5 years in state prison
- Fines: $1,000 to $15,000
- License suspension/revocation: The court may suspend your license for up to eight years. After two years, you can apply for a hardship license.
Fourth DUI Offense
- Jail: 2.5 to five years, or 2.5 to five years in state prison
- Fines: $1,500 to $25,000
- License suspension/revocation: The court may suspend your license for up to 10 years. After five years, you can apply for a hardship license.
Fifth or subsequent offense
- Jail: 2.5 to five years, or 2.5 to five years in state prison
- Fines: $2,000 to $50,000
- License suspension/revocation: The court may suspend your license for your lifetime.
Other penalties may be added depending on your case. You may have to place an interlock ignition device in your car and also be required to complete a drug and alcohol treatment program.
What to Expect After a DUI Arrest in Massachusetts
Massachusetts is an implied consent state, and the expectation is that if the police have probable cause of intoxication, they will stop you. You will be asked to take a breathalyzer or breath test. This is to determine your BAC level and whether your intoxication is above the limit.
If you’re 21 or older and your BAC registers at 0.08% or higher, your driver’s license or learner’s permit will automatically be suspended or revoked for 30 days. This suspension takes immediate effect, with law enforcement seizing your license and providing written notice. The Registry of Motor Vehicles will be informed. The sole exception to this immediate suspension pertains to first-time offenders eligible for first-offender court disposition.
Should you decline a chemical test, your license faces suspension for a duration ranging from 180 days (for a first offense) to a potential lifelong suspension (for a third or subsequent offense). Refusal to undergo a chemical test may also result in the impoundment of your motor vehicle.
Beyond these administrative penalties, you are likely to encounter criminal prosecution. A trial and subsequent conviction could lead to criminal penalties, including imprisonment, fines, court-ordered suspension or revocation of your license.
How Can an Attorney Help You?
Massachusetts takes impaired driving very seriously. This can be seen in its enactment of Melanie’s Law, which increases the penalties for OWI offenses, requiring repeat offenders—and sometimes even first-time offenders—to install ignition interlock devices (IID) in their vehicles. It also raises fines and lengthens the time a driver’s license is suspended.
Should you find yourself confronting DUI charges, an attorney specializing in handling similar cases can be a powerful ally for reducing or dismissing your charges. They can check how the arrest was made and how accurate the sobriety and breathalyzer tests were to ensure everything was done according to state rules. They can build a strong defense leveraging any mistakes in arrest procedures or test administration to challenge the charges against you.
A DUI attorney can also contest your license suspension and advocate in RMV hearings. They can negotiate with the prosecutors to lower your charges or get you a lighter sentence, especially if it’s your first offense.
How to Choose the Best DUI Lawyer in Boston, MA
Although there are numerous criminal defense attorneys who cater to Boston residents, not all of them might be suitable for your DUI case. Here are some factors to consider when deciding on an attorney who can competently handle your case and achieve the best possible outcome.
- Focus on specialization. Criminal defense encompasses a broad range of offenses, from theft to assault. For your DUI case, prioritize attorneys who specialize in OWI/DUI cases or have substantial experience handling charges related to impaired driving.
- Examine reviews. Use platforms such as Google Reviews, Yelp and the law firm’s social media pages to gauge previous clients’ experiences. Reading both positive and negative reviews can provide a comprehensive view of the firm’s services and the quality of representation.
- Assess case results. If available, review the outcomes of the attorney’s past DUI cases on their website. Success in getting charges dismissed, reducing penalties or averting license revocation indicates their effectiveness in court. If these details aren’t online, consider asking the lawyer for references to verify their track record.
- Review fees. DUI attorneys in Boston typically charge either a flat fee or by the hour. Complex or unpredictable cases, especially those involving injuries, fatalities or multiple DUI offenses, might necessitate a more extensive investment of time and expertise, potentially making an hourly fee arrangement more suitable. Make sure the attorney’s fees are clear, transparent and fit within your budget.
Methodology
To come up with the best DUI lawyers in Boston in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What are the possible penalties if you are charged with a DUI in Massachusetts?
Massachusetts takes DUIs very seriously. You could lose your right to drive, face jail time, incur fines and other potential consequences based on the severity of the infraction.
Is a first-time DUI considered a felony in Massachusetts?
In Massachusetts, a first or second-time DUI offense is considered a misdemeanor. A third or subsequent DUI charge is a felony.
Is there a difference between OUI and a DUI in Massachusetts?
Operating under the influence (OUI) and driving under the influence (DUI) are considered the same offenses in Massachusetts. Penalties do not differ based on the designation. Massachusetts statutes refer to the offense as an OUI.
