OUI/DUI Attorney in Westboro, Massachusetts

Name: Westboro, MA
Brand: Gilman Law
Rating: 4.9 (598 reviews)

Facing an OUI/DUI in Westboro? Gilman Law brings unmatched experience and insider knowledge of the RMV to help you regain your driving privileges and peace of mind.

Protect Your License and Future With an Experienced Westboro OUI/DUI Attorney

Being charged with Operating Under the Influence (OUI) or Driving Under the Influence (DUI) in Westboro is overwhelming. Your license, job, and future are all on the line—and you need more than a general criminal defense attorney. You need a firm that has built its entire practice around license suspensions and OUI defense across Massachusetts.

At Gilman Law, we bring over two decades of focused experience and the rare advantage of having worked inside the Massachusetts Registry of Motor Vehicles. We know the system. We’ve handled your situation before. And most importantly, we know how to help.

Book a consultation with us today and speak with an expert OUI lawyer in Westboro.

What Is the Difference Between OUI and DUI in Massachusetts?

In Massachusetts, the terms OUI (Operating Under the Influence) and DUI (Driving Under the Influence) are often used interchangeably.

However, “OUI” is the official legal term used in court and under Massachusetts General Laws Chapter 90, Section 24. While “DUI” is commonly used in everyday language, both refer to the same charge: operating a vehicle under the influence of alcohol or drugs, whether legal or illegal.

Source: Mass. Gen. Laws ch. 90, § 24

What Type of Law Covers OUI/DUI in Westboro?

OUI/DUI offenses in Westboro are governed by both criminal and administrative law, which means your case may involve two separate legal processes—each with serious consequences.

Criminal Law

The criminal side of an OUI charge is handled in District Court, where you face prosecution by the Commonwealth of Massachusetts under Mass. Gen. Laws ch. 90, § 24. This process includes arraignment, pretrial motions, and possibly a trial. If convicted, you may face:

Jail time
Fines and court costs
Probation
Mandatory alcohol education programs
A permanent criminal record

The court process determines your criminal guilt and imposes penalties like incarceration and fines.

Administrative Law

At the same time, the Registry of Motor Vehicles (RMV) initiates an administrative process that can result in:

Immediate license suspension (even before your court date)
Breathalyzer refusal penalties under the Implied Consent Law
Ignition interlock device requirements
Habitual offender designations

These actions are civil—not criminal—but they carry life-changing consequences. The RMV acts as judge, jury, and enforcer during suspension hearings, and success often depends on navigating nuanced procedures and technical requirements.

Most defense attorneys focus solely on court. At Gilman Law, we handle both—and we’ve done it thousands of times. Our deep understanding of how these systems overlap gives our clients a real strategic advantage.

That’s why you need a lawyer who understands both court procedures and RMV hearings—a rare combination that defines our work at Gilman Law.

Penalties for OUI/DUI Offenses in Massachusetts

Penalties vary depending on whether this is your first offense or a repeat violation. Here's a general breakdown:

1st Offense: Up to 2.5 years in jail, $500–$5,000 fine, and a license suspension of up to 1 year.
2nd Offense: Minimum 60 days (30 mandatory) in jail, $600–$10,000 fine, 2-year license suspension.
3rd Offense: Felony charge, 180 days to 5 years imprisonment, 8-year license suspension.
Other Penalties: Mandatory alcohol education programs, ignition interlock devices, and increased insurance rates.

Source: Massachusetts RMV – OUI Penalties

Police officer looking at a person from outside the car.

Implied Consent Law

Under Massachusetts’s Implied Consent Law, every licensed driver automatically agrees to submit to chemical testing (breath, blood, or urine) if suspected of OUI. Refusing a test triggers automatic license suspension, even if you’re never convicted.

You may receive the following:

1st Refusal: 180-day suspension.
2nd Refusal: 3-year suspension.
3rd Refusal: 5-year suspension.

This is where our insider experience at the RMV becomes your advantage—we know how to challenge these suspensions and get you back on the road.

The Legal Process for Westboro OUI/DUI Cases

Arrest & Booking

Most OUI cases begin with a traffic stop followed by field sobriety tests or a breathalyzer. If the officer believes you are under the influence, you’ll be arrested and booked at the local police station. Your vehicle may be towed, and you could spend the night in custody before your release.

RMV License Suspension Notice

If you refuse a breath test or fail one (BAC of 0.08 or higher), the RMV will immediately suspend your license—often before your first court date. This administrative suspension under Massachusetts' Implied Consent Law happens regardless of whether you’re convicted in court.

You have just 15 calendar days from the date of suspension to request a hearing at the RMV to challenge it. Missing this window could cause you to lose your right to contest the suspension. This is why immediate legal help is critical.

Arraignment in Westboro District Court

Your first court appearance is the arraignment, typically held within a few days of your arrest. The charges are formally presented, and you’ll enter a plea—usually Not Guilty. The judge may set bail or impose conditions of release (like no alcohol use or random testing). It’s also the point where your criminal record starts to reflect the charge.

Pretrial Hearings & Motions

Over the following weeks or months, your attorney will review police reports, bodycam footage, breath test calibration records, and other evidence. Motions may be filed to:

Suppress unlawfully obtained evidence
Dismiss the case based on procedural errors
Challenge the legality of the traffic stop or arrest

At this stage, we build your defense strategy and negotiate with the prosecutor if a favorable resolution is possible.

Trial or Disposition (Plea Deal or Diversion Program)

You may resolve your case through a negotiated plea, an alternative disposition (such as a Continuance Without a Finding or CWOF), or you may proceed to trial. A trial before a judge or jury may involve witness testimony, cross-examination, and legal arguments.

Gilman Law has successfully represented clients in trials across Massachusetts, including in Westboro District Court. Whether you fight the charge or resolve it, we’ll ensure you fully understand the consequences and options.

Post-Trial License Reinstatement Process

Even after your case is resolved, the RMV process isn’t over. You may still need to:

Serve a suspension period
Apply for a hardship license
Install an ignition interlock device
Complete an alcohol education program

OUI/DUI Conviction Impact

A conviction doesn’t just bring legal penalties; it disrupts your life. For example:

License loss resulting in the inability to drive to work or school
Employment risks, especially if your job requires driving
A criminal record can affect job applications, professional licenses, or even child custody cases
Financial strain from fines, insurance increases, legal fees, and lost income

How a Specialized OUI/DUI Lawyer Can Assist You

OUI/DUI cases in Massachusetts are complex—and few lawyers truly understand the full picture. While many criminal defense attorneys may take on an OUI case here and there, they often lack experience with the Registry of Motor Vehicles (RMV), which significantly affects how your license is suspended, reinstated, or restricted.

At Gilman Law, we specialize in precisely this intersection. Here’s how that specialization makes a difference:

Challenge RMV Suspensions Through Hearings and Appeals

Your license can be suspended before you're ever convicted in court—especially if you refused or failed a breathalyzer. We know how to challenge these suspensions at RMV hearings and, if necessary, bring your case to the Board of Appeal of the Division of Insurance, where we’ve successfully helped countless clients regain their driving privileges.

Analyze Police Reports and Dashcam Footage for Violations

Every detail in a police report or video matters. We comb through:

Field sobriety test instructions
Probable cause for the stop
Breath test procedures and timing
Inconsistencies in the officer’s account

Even small errors or protocol violations can result in the removal of evidence and, in some cases, the full dismissal of charges.

File Motions to Suppress Key Evidence

Not all evidence is admissible. If your rights were violated at any point—during the stop, the arrest, or while administering the breath test—we can file motions to suppress that evidence.

This is often a turning point in your case, drastically improving your position for trial or negotiation.

Negotiate Favorable Plea Agreements

Sometimes, the best outcome is reached outside the courtroom. With our reputation and focused expertise, we’re able to negotiate for:

Dismissals
Continuance Without a Finding (CWOF) dispositions
Reduced charges or penalties

We ensure any plea agreement protects your record and limits the long-term damage to your personal and professional life.

Seek Hardship Licenses to Restore Driving Privileges

If your license has been suspended, we help you apply for a hardship license, which allows you to drive for 12 hours a day—enough to get to work, school, or medical appointments. Our familiarity with the RMV’s documentation standards means your application is thorough, timely, and more likely to be approved.

Represent You in Every District Court and RMV Office in Massachusetts

We represent clients statewide from Westboro to Worcester and from Boston to the Berkshires. Whether it’s in court, at the RMV, or before the Board of Appeal, you can count on our team to be there—fully prepared, highly experienced, and focused on your outcome.

Why Choose Gilman Law as Your OUI/DUI Attorney in Westboro?

At Gilman Law, we don’t dabble in criminal defense—we focus exclusively on OUI/DUI charges and license suspension cases across Massachusetts. With over 17,000 RMV hearings handled and decades of courtroom experience, our team understands the system inside and out. This isn’t just what we do; it’s all we do.

Clients choose us because we offer more than just legal knowledge—we provide direct access to your attorney, flat-fee pricing with no surprises, and a commitment to fast, honest communication. You’ll never be passed off to a junior associate or left in the dark about your case. From Westboro District Court to the RMV and Board of Appeal, we fight to protect your rights and restore your driving privileges with precision and urgency.

When you work with Gilman Law, you’re partnering with the go-to OUI defense firm in Massachusetts. You’ll receive clear, realistic guidance, a plan tailored to your unique situation, and the confidence of knowing your case is in the hands of true specialists. Call today to schedule your consultation with our DUI attorney in Westboro and take control of your case.