Expert OUI Defense in Massachusetts

Protect Your Rights with Experienced DUI Representation in Worcester, Middlesex, and surrounding Massachusetts towns.

​

Your Trusted Partner for OUI Defense

An Operating Under the Influence (OUI) charge in Massachusetts can disrupt your life, affecting your driving privileges, career, and reputation. The Law Office of Alan Leslie Rosenfield provides skilled legal representation to fight OUI charges for clients in Worcester County, Middlesex County, and towns like Upton, Westborough, Framingham, Shrewsbury, and Grafton. With over 40 years of experience, including time as an Assistant District Attorney, we craft strategic defenses to achieve the best possible outcomes.

​

Navigating Massachusetts OUI Laws

What Constitutes an OUI?

In Massachusetts, under M.G.L. Chapter 90, Section 24, an OUI occurs when a driver operates a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher (for those 21 and older). Stricter rules apply to:

• Under 21: Zero-tolerance for any alcohol.

• Commercial drivers: BAC limit of 0.04%.

We analyze BAC tests, police procedures, and evidence collection to identify weaknesses in the prosecution’s case for clients in Massachusetts.

​

Consequences of Refusing a Breath Test

Massachusetts’ implied-consent law means drivers consent to chemical testing upon arrest. Refusing a breath or blood test results in automatic license suspensions:

• First refusal: 180 days.

• Subsequent refusals: Longer suspensions, up to years.

Our firm helps clients in Holliston, Northborough, and Upton challenge these suspensions at RMV hearings to restore driving privileges.

​

Evidence in OUI Cases

Prosecutors may rely on field sobriety tests, officer observations, dashcam or bodycam footage, and witness statements to build an OUI case. We scrutinize this evidence for inconsistencies, improper procedures, or constitutional violations, protecting clients in Worcester, Southborough, and Upton from unfair convictions.

​

OUI Penalties in Massachusetts

Penalties depend on the offense number and case details. Here’s what you could face:

​

First OUI Offense

• License suspension: Up to 1 year.

• Fines: Up to $5,000.

• Jail time: Up to 2.5 years, often replaced with probation.

• Alcohol education: Required program completion.

We pursue options like the 24D Disposition for first-time offenders in Upton, Grafton and Hopkinton to reduce penalties.

​

Second OUI Offense

• License suspension: 2 years.

• Fines: Increased, often thousands.

• Ignition Interlock Device (IID): Mandatory for reinstatement.

• Jail time: Higher risk, with stricter probation possible.

 

Third & Subsequent Offenses

• Third offense: 8-year suspension.

• Fourth offense (felony): 10-year suspension, possible vehicle forfeiture.

• Fifth or more: Lifetime license revocation.

​

Breath Test Refusal Penalties

Refusal suspensions, separate from criminal penalties, range from 6 months to a lifetime. We provide representation to challenge these administrative actions.

​

Melanie’s Law: Enhanced OUI Consequences

Since 2005, Melanie’s Law has toughened OUI penalties to prioritize public safety, introducing:

• Ignition Interlock Devices: Required for second and subsequent offenses.

• Extended suspensions: Longer license revocations for repeat offenders.

• Vehicle forfeiture: Possible for fourth or later offenses.

A 2025 Supreme Judicial Court ruling clarified that turning the ignition key counts as “operating” a vehicle, strengthening IID enforcement. 

​

Our Approach to OUI Defense

At The Law Office of Alan Leslie Rosenfield, we offer:

• Comprehensive Case Review: Examining police reports, test results, and procedures for errors.

• Strategic Defense: Challenging evidence, seeking suppression of unreliable tests, or negotiating plea deals.

• RMV Advocacy: Representing clients at hearings to restore licenses or secure hardship permits.

• Local Expertise: Deep knowledge of courts in Worcester, Middlesex, Westborough, and Framingham.

Our goal is to secure dismissals, reduced charges, or alternative dispositions like the Cahill or 24D programs to minimize the impact on your life.

​

Why Choose Us?

With over four decades of legal experience, Alan Leslie Rosenfield brings unmatched expertise to OUI defense. As a former Assistant District Attorney, he understands both sides of the courtroom, giving clients a strategic advantage. We are committed to personalized representation, clear communication, and relentless advocacy to protect your future.

​

Take Action Today

An OUI charge demands immediate action to protect your rights. If you’re in Worcester, Middlesex, or nearby towns like Upton, Westborough, Framingham, or Shrewsbury, contact The Law Office of Alan Leslie Rosenfield for a free consultation. Call (508) 366-6688 to discuss your case and start building your defense today.

​