OUI/DUI Attorney in Winchendon, Massachusetts

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

Charged with OUI or DUI in Winchendon? Gilman Law delivers experienced, focused legal defense rooted in deep knowledge of both the courts and the RMV—giving you the best shot at keeping your license and moving forward.

Get Skilled, Strategic Defense from a Winchendon OUI/DUI Attorney

An OUI/DUI charge in Winchendon can upend your life in an instant. Your driving privileges, career, and reputation are all at risk—and not every lawyer is equipped to handle the unique challenges of these cases.

At Gilman Law, OUI and license suspension defense is all we do. With over 20 years of experience and a background that includes time as a Massachusetts RMV Hearings Officer, Attorney Matthew Gilman knows how to navigate the courtroom and RMV bureaucracy to fight for the best possible outcome.

If you’re facing an OUI in Winchendon, schedule a consultation today to protect your license and future.

What’s the Difference Between OUI and DUI in Massachusetts?

In Massachusetts, people often use the terms OUI (Operating Under the Influence) and DUI (Driving Under the Influence) to mean the same thing. While “DUI” is a more familiar phrase used in conversation, the correct legal term under Massachusetts law is “OUI.”

According to Massachusetts General Laws Chapter 90, Section 24, OUI is the official charge for operating a motor vehicle while impaired by alcohol or drugs—regardless of whether the substance is legal or illegal.

Source: Mass. Gen. Laws ch. 90, § 24

What Type of Law Applies to OUI/DUI Cases in Winchendon?

OUI/DUI charges in Winchendon fall under both criminal and administrative law, meaning you could be dealing with two separate—but equally serious—legal proceedings.

Criminal Law

The criminal component of an OUI is prosecuted in District Court under Massachusetts General Laws Chapter 90, Section 24. This process includes an arraignment, potential pretrial motions, and, if necessary, a trial. If convicted, you could face:

Jail time
Fines and court fees
Probation
Court-ordered alcohol education programs
A lasting criminal record

The criminal court determines whether you're guilty of a crime and, if so, what penalties to impose.

Administrative Law

Separately, the Registry of Motor Vehicles (RMV) handles the administrative side of your case. This process is not about guilt or innocence but focuses on your driving privileges. You may face:

Immediate license suspension—even before appearing in court
Penalties for refusing a breath test under the state’s Implied Consent Law
Ignition interlock device installation
Classification as a habitual traffic offender

These are civil—not criminal—sanctions, but they can profoundly impact your day-to-day life. The RMV runs its own hearings with strict rules and procedures, making it essential to understand how to navigate this complex system.

Many lawyers concentrate only on the court side of an OUI case. At Gilman Law, we handle both the criminal and RMV processes—and we've done so in thousands of cases. Our comprehensive experience allows us to build a coordinated defense that gives our clients a true edge.

When your license, freedom, and future are on the line, you need a lawyer who knows how to fight for you in both the courtroom and at the RMV. That’s exactly what we do at Gilman Law.

Massachusetts OUI/DUI Penalties

The consequences for an OUI/DUI in Massachusetts depend on whether it’s your first offense or one of several. Here's an overview of the typical penalties:

First Offense: Up to 2.5 years in jail, fines ranging from $500 to $5,000, and driver’s license suspension for up to 1 year.
Second Offense: Minimum of 60 days in jail (30 days mandatory), fines between $600 and $10,000, and 2-year license suspension.
Third Offense: Classified as a felony, jail time from 180 days up to 5 years, and 8-year license suspension.

Additional consequences may include:

Required participation in alcohol education or treatment programs
Installation of an ignition interlock device
Significantly higher auto insurance premiums

Understanding Massachusetts’s Implied Consent Law

In Massachusetts, having a driver’s license means you’ve already agreed to take a chemical test—such as a breath, blood, or urine test—if police suspect you’re operating under the influence. This is known as the Implied Consent Law.

Refusing to take the test comes with automatic license suspension, regardless of whether you're ultimately found guilty of OUI. Suspension periods for refusing a test include:

First Refusal: 180-day license suspension.
Second Refusal: 3-year suspension.
Third Refusal: 5-year suspension.

This is where our experience makes a difference. As former RMV insiders, we know how to navigate and challenge these suspension cases effectively—giving you the best chance to regain your license quickly.

The Legal Process for OUI/DUI Cases in Winchendon, Massachusetts

Arrest and Booking

After being pulled over and suspected of operating under the influence, you may be asked to perform field sobriety tests or submit to a chemical test. If the officer determines there is probable cause, you’ll be arrested and taken to the local police station for booking.

RMV License Suspension

Immediately following the arrest, your license may be suspended, especially if you refused or failed a breath test. The RMV handles this under the Implied Consent Law and can happen before you even set foot in a courtroom.

Arraignment in Winchendon District Court

Your first court appearance is the arraignment. This is when you’ll be formally charged and enter a plea. Bail may be set, and the next court dates will be scheduled.

Pretrial Hearings

During the pretrial phase, your attorney can file motions to challenge evidence, such as the legality of the traffic stop or the admissibility of breath test results. These hearings are critical to building a strong defense.

Trial or Resolution

Depending on the circumstances, your case may be resolved through a plea agreement or go to trial. If it goes to trial, the prosecution must prove beyond a reasonable doubt that you were operating under the influence. A conviction can lead to jail time, fines, license suspension, and other penalties.

RMV Hearings and Reinstatement

In addition to court proceedings, you may have the opportunity to challenge your license suspension through an RMV hearing. These are separate from your criminal case and have their own procedures and deadlines. Winning at the RMV requires in-depth knowledge of their internal process.

The Real-Life Impact of an OUI/DUI Conviction

An OUI/DUI conviction in Massachusetts brings more than just legal consequences—it can significantly affect your personal and professional life. Some of the most common challenges include:

Losing Your License: Without the ability to drive, getting to work, school, or essential appointments becomes difficult or impossible.
Employment Issues: Jobs that involve driving may be at risk, and some employers may take action based on your criminal record.
Long-Term Consequences: A conviction becomes part of your criminal history, negatively impacting job opportunities, professional licensing, and even family court matters like custody disputes.
Financial Burden: The financial toll can be overwhelming, with court fines, legal fees, increased insurance premiums, and potential loss of income.

These consequences can follow you long after the court case is over, so it’s critical to have a skilled OUI attorney fighting on your behalf.

Why Hiring a Lawyer Who Focuses Exclusively on OUI/DUI Matters

OUI/DUI cases in Massachusetts involve a unique blend of criminal and administrative procedures—and not all attorneys are equipped to handle both. While many criminal defense lawyers may occasionally take on an OUI case, few have the in-depth experience needed to effectively navigate the complex rules of the Registry of Motor Vehicles (RMV), which plays a critical role in determining your driving status.

At Gilman Law, OUI and license suspension defense isn’t a side practice—it’s our core focus. Here’s how our targeted experience gives you the edge:

Fighting License Suspensions at the RMV and Beyond

Your license can be suspended immediately following an arrest—often before your court case begins. This is especially true if you refused or failed a breath test. We regularly represent clients at RMV suspension hearings and, when needed, take the case to the Division of Insurance Board of Appeal, where we’ve helped hundreds of people regain their driving privileges.

Scrutinizing Evidence for Legal Errors

We conduct a thorough review of all available records, including police reports and dashcam footage, to look for mistakes in:

How field sobriety tests were explained and conducted
Whether the traffic stop was legally justified
Proper administration and timing of breath tests
Contradictions in the officer’s version of events

Minor procedural missteps can lead to critical evidence being excluded—or even a complete case dismissal.

Filing Motions to Exclude Unlawfully Obtained Evidence

If your rights were violated—during the traffic stop, your arrest, or the administration of a breathalyzer—we can file motions to suppress that evidence. These motions often change the course of a case by limiting what the prosecution can use against you.

Negotiating Strategic Resolutions

Not every case goes to trial. When appropriate, we use our reputation and focused knowledge to negotiate outcomes like:

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

We always aim for results that protect your record and minimize long-term consequences.

Helping You Apply for a Hardship License

If your license has been suspended, you may qualify for a hardship license, which allows limited driving for work, school, or medical reasons. We’ll guide you through the process, ensuring your application meets RMV standards and gives you the best shot at approval.

Statewide Representation at Courts and RMV Offices

From Boston to the Berkshires, we represent clients in every District Court and RMV location across Massachusetts. Whether your case is in Winchendon, Worcester, Westboro, or anywhere in between, we bring seasoned representation to every courtroom and hearing room we enter.

Why Partner With Gilman Law for Your OUI/DUI Case in Winchendon?

When your freedom to drive—and your future—is on the line, you need more than a generalist. You need a lawyer who lives and breathes Massachusetts OUI law. That’s what sets Gilman Law apart.

We focus exclusively on OUI/DUI defense and license suspension cases throughout Massachusetts, bringing unmatched experience to every case. With over 17,000 RMV hearings under our belt and decades of courtroom work, we know how to navigate the legal system and the RMV.

Clients turn to us because we go beyond just legal representation. We offer:

Direct access to your attorney
Clear, flat-fee pricing so you know exactly what to expect
Prompt, honest communication

Whether your case is in Winchendon District Court, the RMV, or the Board of Appeal, we’re prepared to fight for your rights and driving privileges from day one.

Choosing Gilman Law means choosing a firm that lives and breathes OUI defense. We provide practical, no-nonsense guidance tailored to your situation—and the focused strategy you need to move forward confidently.

Ready to take the first step? Contact us today to schedule your consultation and start building your defense.