OUI/DUI Defense Lawyer in Brighton, MA

The First Few Days Decide a Lot

A traffic stop on Washington Street or Commonwealth Avenue can turn into the worst night of your year. One minute you are driving home. The next you are standing on the shoulder trying to walk a straight line while an officer decides whether you go home or go to booking.

If you have been charged with operating under the influence in Brighton, two questions are probably running on a loop. Am I going to jail, and am I going to lose my license? Those deserve straight answers rather than a sales pitch.

The Law Office of Peter Cole defends drivers charged with OUI in Brighton and throughout greater Boston. Every case starts the same way: a full read of the police report, the booking video, and the breath test records before anyone talks about a plea. Massachusetts also gives you a short window to protect your license at the Registry, and that clock starts running the day you are charged.

OUI Cases We Handle in Brighton

First Offense OUI

A first charge is frightening, but it is also the one with the most room to work. Most first offense cases resolve without jail, and a meaningful number never should have been charged at all. Before accepting any disposition, the evidence deserves a hard look: was the stop lawful, were the field sobriety tests administered properly, and does the booking video match what the report claims.

Second and Subsequent Offense OUI

Massachusetts counts prior offenses over your entire lifetime. There is no five year or ten year reset, which means an OUI from decades ago still counts today. Repeat charges carry mandatory minimum jail time, long license loss, and an ignition interlock requirement. These cases turn on whether the prior can be challenged and whether the current evidence holds up.

Breath Test Refusal and License Suspension

Refusing a breath test triggers an immediate license suspension from the Registry, separate from anything the court does. The good news is that in Massachusetts a refusal cannot be used against you as evidence of guilt at trial. That is a real advantage, and it shapes how the rest of the case gets built.

OUI Drugs

The law covers impairment from drugs as well as alcohol, including marijuana and medication you were legally prescribed. These cases are harder for the state to prove because there is no roadside test that measures drug impairment the way a breath test measures alcohol. Officer opinion carries a lot of weight, and officer opinion can be challenged.

Under 21 OUI

Drivers under 21 face a lower threshold and separate consequences under the junior operator rules, including longer suspensions and mandatory program requirements. For a young person, the record consequences can outlast the case by years.

OUI with Injury or Aggravating Factors

A crash, an injury, or a child in the vehicle changes the exposure significantly and can move a case into felony territory. These charges need immediate attention and independent review of the accident evidence, not just the police narrative.

What Massachusetts OUI Penalties Look Like

Massachusetts calls the offense OUI, operating under the influence, and it is set out in Chapter 90, Section 24 of the General Laws. Notably, the state does not have to prove you were driving. It has to prove you were operating a vehicle on a public way while impaired, and operating has been read broadly enough to include sitting in a parked car with the engine running.

First Offense

License loss of up to one year
Fines generally in the range of $500 to $5,000, plus court assessments
Up to 2.5 years in a house of correction, though jail is uncommon on a straightforward first charge
Most cases resolve through the 24D disposition: probation, a 16 week alcohol education program, a shorter suspension, and eligibility for a hardship license

Second Offense

Third Offense and Beyond

Beyond the courtroom, there is the part nobody explains at arraignment: insurance surcharges that follow you for years, employer background checks, and a record that surfaces when you apply for housing or a professional license.

You work with Attorney Cole directly. You are not handed off to an associate you meet for the first time on your court date. The person who reviews your case is the person standing next to you in the courtroom.
The evidence comes first, not the plea. Calibration logs, maintenance records, the observation period before the test, operator certification, dispatch audio, and booking video all get requested. Plenty of cases that look airtight in the report look very different on video.
Your license gets its own defense. The criminal case and the Registry are two separate fights, and the Registry moves faster. Deadlines for challenging a suspension are short, and hardship license hearings need real preparation and documentation to succeed.
Local courtrooms work in local ways. Knowing how a particular session handles motions to suppress, which prosecutors negotiate, and how a judge treats alternative dispositions shapes strategy long before you walk through the door.
FIRM TO SUPPLY. Years in practice, bar admissions, trial experience, notable case results, training in field sobriety testing or breath test operation, and client reviews. These carry real weight with both readers and search engines on legal pages, so please add them before this page goes live.

1. Free Case Review

We talk through the stop, the arrest, and what you remember. You get an honest read on where the case stands and what the realistic outcomes are. No charge, no obligation.

2. Evidence and Discovery

We request everything: the full police report, booking video, dashcam and bodycam footage, breath test device records, and the operator certification. What is missing is often as useful as what is there.

3. Protecting Your License

While the court case is getting underway, we address the Registry side. That means challenging a suspension where grounds exist and preparing a hardship license request with the documentation it needs.

How We Handle Your OUI Case

4. Motions and Challenges

If the stop was not lawful, if the tests were administered improperly, or if the breath test evidence has problems, we file to suppress. A successful motion can end a case outright.

5. Resolution or Trial

Some cases are best resolved through negotiation. Others should be tried. That decision gets made with you, with a clear explanation of the trade offs, not presented as a done deal.

6. After the Case

We explain what happens next: program requirements, license reinstatement steps, interlock obligations if they apply, and what your record will show.

Frequently Asked Questions

Is OUI the same as DUI in Massachusetts?

Yes. Massachusetts uses the term OUI, operating under the influence. DUI and DWI are what other states call the same offense.

Will I go to jail for a first offense OUI?

For most first offenses with no accident or injury, jail is unlikely. These cases typically resolve through the 24D program, which involves probation, an alcohol education course, and a shorter license suspension.

How long does an OUI stay on my record in Massachusetts?

For sentencing purposes, indefinitely. Massachusetts applies a lifetime lookback, so a prior offense from many years ago still counts as a prior today.

Can I drive while my case is pending?

Often, yes. Many drivers qualify for a hardship license, sometimes called a Cinderella license, which allows a set window of driving each day for work, school, or medical needs. It requires a hearing and supporting paperwork.

Which court will my Brighton case go to?

Cases arising in Brighton are generally heard at the Brighton Division of the Boston Municipal Court on Academy Hill Road. We appear there regularly.

How much does an OUI lawyer cost?

It depends on whether the case is resolved through negotiation or goes to trial. We explain the fee structure during the free consultation so there are no surprises.

Get a Free Case Review

If you have been arrested for OUI in Brighton, the sooner someone starts working on your case, the more options you have. Evidence gets overwritten, deadlines pass, and memories fade. The first call costs nothing.
Call 617-935-7657 or fill out the form for a free, confidential case review.