Massachusetts DUI & Criminal Law Term Glossary

Legal language, terminology & jargon can be very confusing and overwhelming to understand. If you are facing a drunk driving criminal charge, you are already under enough pressure. You need an attorney who will listen to you and answer your questions in plain English.

I treat all my clients with the utmost respect and sympathy. My job is to be a strong advocate for you, and part of that is making sure you understand everything, so you can make an informed decision about what is best for you.

The following are some common terms used in Massachusetts Operating Under the Influence (OUI) and other criminal cases. If you have a specific question about anything not covered here, feel free to give me a call at (781)380-7730 and I'll be happy to answer your question. I provide free consultations over the phone to anyone who calls.

Sincerely, 

Russell Matson, Attorney at Law
OUI / DUI / Drunk Driving & Criminal Defense
(781)380-7730

    Legal Terms Common in Massachusetts DUI Cases

24D Disposition - A legal status given to OUI Convictions more that 10 years old, allowing a 2nd offense OUI to be treated as a first offender with a 1st offense penalty. if the motion is allowed by the judge. Also known as a "second chance" on a second offense. See my 2nd offense OUI page for more details.

Alcohol Education Program - One of the required penalties of a Massachusetts OUI conviction is an alcohol education program. 1st Offenders must take a 16 week course, while those found guilty of a second (2nd) offense must participate in a 2 week inpatient program. There are also some accelerated first offense programs available.

Alphabet Test - A field sobriety "test" consisting of reciting the alphabet, backwards or forwards from different start and stop points. Not considered an accurate or scientific test.  

Appeal - You have a right to appeal a guilty finding in an OUI within 30 days of your conviction. OUI Appeals are a specialized area of the law, and you must find legal grounds, such as a mistake by a lawyer or judge on which to base an appeal.

Arraignment - The first court appearance after an arrest is the arraignment, where the charges are formally read, and you plead not guilty. It is usually the first business day after your arrest.

Arrest - The process of being taken into custody and charged with a crime. After being arrested for an OUI, you will usually be eligible for release in a few hours. Your car will be towed if you were stopped on the road.

Blood Alcohol Content/Level (BAC) - The amount of alcohol in your bloodstream. The legal limit is .08% in Massachusetts and most states. For someone under 21, the legal limit is .02%.

Blood Test - A test to measure your BAC by taking your blood, usually done in a hospital. You do not have to agree to give blood for such a test, and in most case should not agree to do so.

Breath Test - A test to supposedly measure your BAC (BrAC), usually done at a police station. Frequently referred to as a "breathalyzer" machine, although technically most actual breath test machines used in Massachusetts Police stations are Draeger Alcotest models (7110 MKIII-C). You do not have to agree to blow into a breath machine, and in most cases should not agree to do so. Also see my breath test machine info page.

Some police jurisdictions also use roadside portable breath test (PBT) devices, but these are not admissible as evidence in court.

Cross Examination - a cross-examination in an OUI defense trial is the process of challenging the evidence presented by a prosecution witness, typically a police officer in these cases.

CWOF (Continuance Without a Finding) - A common outcome of an OUI plea. A CWOF is not technically the same as a guilty plea. You do not admit that you did anything wrong, but agree that there is sufficient evidence to find you guilty. If you get in trouble again, a Continuance/Continuation Without a Finding will be used against you as a prior offense. However, you can truthfully say that you have never been convicted of a crime.

Direct Examination - In the case of a defense lawyer, a favorable witness we call (or the defendant himself in some cases) would be subject to a direct examination. The prosecutor would then be allowed to cross-examine the witness.

Dismissal- If your OUI is dismissed, that usually means the case is over, and you've won without having to go to trial. The judge may dismiss your case at motion hearing if there is evidence that your rights were violated during the stop of the vehicle, or a host of other reasons, if the evidence again you is weak. The judge can dismiss a case with prejudice, which means the DA can't re-file the case against you, or without prejudice, which means the DA can chose to re-file and try again to convict you. In most Massachusetts OUI/DUI cases, even a dismissal without prejudice will stand, since as a practical matter, prosecuting DA's are not eager to start over with a case that may be weak to begin with. However, they are free to so and may, especially if it is a multiple offense.

District Attorney - The prosecuting lawyer works for the District Attorney's (DA) office of the county in which the court resides. Technically, the lawyer working for the state is usually a low level assistant district attorney in Massachusetts OUI cases.

Exculpatory Evidence - Evidence that the District  Attorney may possess that could establish your innocence. 

Field Sobriety Tests - Various roadside exercises used to supposedly test whether or not you are impaired. You must agree to perform any such tests, and in most cases you should not agree to perform them.

Finger to Nose Test - A commonly administered field sobriety test. Not considered very accurate or scientific in determining alcohol impairment.

Hardship License - In the case of an OUI, a hardship license is available to those found guilty (or CWOF) for the purpose of getting to work. It allows you to drive for 12 hours a day, 7 days a week during the time of your license suspension. Also known as a Cinderella license, limited license, or work license.

Horizontal Gaze Nystagmus (HGN) - A field Sobriety Test that Massachusetts Courts have declared to be non-scientific, and can't be used as evidence to prove that you were impaired in Massachusetts Courts. The test involves the officer shining a light in your your eyes and watching for involuntary eye movements. Police officers may still do perform the horizontal gaze nystagmus as part of their judgment in whether or not to arrest you, but it is irrelevant in court and can't be mentioned.

Ignition Interlock Device - The IID is a "breath test" device that is attached to your car or vehicle's ignition which requires you to blow into it in order to start your car. You must register less than .02 BAC for the device to allow the ignition to unlock.

As of 1/1/06, "Melanie's Law" requires that anyone who wishes to get his/her Massachusetts driver's license reinstated after a Second Offense OUI conviction must have one of these devices installed in his/her car. The Registry of Motor Vehicles is unfortunately applying this rule even to those whose convictions predated the passing of Melanie's Law on 10/29/05, and would not have foreseen this burdensome penalty. Even if your DUI convictions are decades old, if you are trying to get your license reinstated now, you will be required by the registry to have the interlock device. There are no known ways around this as of this writing.

Implied Consent - When you agree to the terms of your Massachusetts driver's license, you agree to submit to a chemical or breath test for alcohol if requested. By driving, you are giving "implied consent" that you agreed to it. Therefore, they will give you what is considered an administrative penalty (not criminal) for refusing a breathalyzer (180 days for a first offense).

Lifetime Lookback - Massachusetts OUI laws now allow them to charge you with a 2nd, 3rd, or subsequent OUI offense if a prior conviction was decades old. In working out a plea, it's possible to get a 24D disposition and be treated as a first offender if there have been no incidents in the previous 10 years. 

Melanie's Law - New Massachusetts drunk driving law passed on 10/29/05. Many new and tougher rules, especially for repeat offenders. See my Mass Drunk Driving Laws page.

Motion to Suppress Hearing - A court appearance where a we file papers and argue that all evidence against you should be thrown out because your constitutional rights were violated. In certain circumstances, I am prepared file motions to suppress evidence all gathered from the initial stop of your vehicle when you were pulled over, or any other evidence such as statements you may have made, breath test or blood alcohol evidence, or any other evidence that they state may have obtained improperly and violates your rights under Federal Massachusetts OUI/DUI Laws.

One Leg Stand - A commonly preformed roadside field sobriety test involving standing on one leg for 30 seconds. Also referred to as the "one legged stand". Many people are unable to pass this test under any circumstances, particularly those people with bad knees, legs, feet, joints, or over 65 or overweight. But even some perfectly healthy people are unable to pass this agility test.

OUI - Stands for Operating Under the Influence, which is the exact legal term in Massachusetts.  You can be charged with Operating Under the Influence of Intoxicating Liquor (Alcohol), or Operating under the Influence of Drugs. Informally, many people use the term OUI interchangeably with DUI or DWI.

Out of State License - If you have an out of state license and are arrested for a Massachusetts OUI, your license suspension will apply to your own state. Interstate license issues can be tricky, call me for specifics.

Operating on a Suspended License - A criminal charge for driving while your license is under suspension. If your license was suspended after an OUI conviction, and you are found guilty of this charge, you are facing a probation violation and potentially serious consequences. 

Operating to Endanger - Operating/Driving to Endanger is a criminal traffic charge that is occasionally also charged in an OUI arrest. In a case where the police claimed that you swerved into the other lane, and other cars were nearby, they may also charge you with Operating so as to Endanger, Negligent Operation of a Motor Vehicle, Reckless Driving, or other criminal charges. Each of these charges may have separate penalties of potentially up to a year in jail. 

PBT - Stands for Portable Breath Test device. A small, handheld breathalyzer device that some police departments use in a roadside stop as part of the evaluation of whether or not you are impaired/drunk. These devices are notoriously inaccurate, so much so that they are completely inadmissible in court. (Also see Breath Test above.)

Police Prosecutor: In some jurisdictions, police departments have their own prosecutors who are both police officers and lawyers. They may  handle relatively simple cases for the district attorney's office, such as first offense DUI charges. Generally it makes no difference to you whether the person prosecuting your OUI works for the police department or the county district attorney's office.

Police Report - Often the most important document of evidence against you in your case is the police report. It is a first person narrative of the arresting officer's thoughts and opinions as he stops your vehicle, does field sobriety tests, makes the decision to arrest you, and later processes you at the police station. What the officer says and doesn't say in the official police report is critical to mounting a defense in a drunk driving case.

Pretrial Conference - The first court appearance after an arraignment is a pre-trial conference/hearing. It is a meeting with the DA/prosecutor, where they usually make a plea offer if you agree to plead guilty, and other procedural issues are dealt with, such as court date scheduling and discovery issues. In some courts, there is a separate and distinct date for a "pre-trial hearing", where these procedural issues are divided up.

Probation - A common element of a penalty for an OUI conviction or continuation without a finding. For a first (1st) offense, you will be subject to a 1 year unsupervised probation, where you will have to send your probation officer a postcard form once a month.

Registry of Motor Vehicles (RMV) - The Massachusetts governmental body that oversees driver's licenses, license plates, auto registrations, and other related matters. Also holds RMV hearings for hardship licenses at select locations. Other states more typically call this organization the DMV (Department of Motor Vehicles). Mass RMV Official Site.

Registry Hearing - a hearing required to get a Hardship License, or to appeal or argue license suspensions or other RMV related decisions. Registry hearing info. When I represent clients in an OUI defense, if we plead guilty (or CWOF) in court (or if we happen to lose a trial), my office will help you get your hardship license and will represent you at the registry hearing for no extra fee.

Sentencing - If you are found guilty, a judge will sentence you immediately after a trial. For a first offense OUI guilty finding, you will typically be sentenced to a year's probation, a number of fines, and an alcohol treatment program. A second offense requires a two week inpatient alcohol program. A third offense OUI conviction has a mandatory jail sentence of 5 months.

Subpoena Duces Tecum - If there are records which will help your defense such as medical records indicating back or leg problems that affected your ability to perform field sobriety tests, I will subpoena those records from your doctors so that they are part of the court record.

Suspended License - Your license will be suspended license after a drunk driving  / DUI / OUI arrest. You license is suspended for 180 days after a first offense arrest if you refuse to take a breath test,  or 45 days if you take a breath test and fail (register over a .08 BAC). Higher license suspension penalties are applied if you are under 21.

Temporary License - No longer exists as of 10/29/05. Prior to Melanie's law, immediately after being arrested for a Massachusetts OUI and having your license suspended, the police would issue you a 15 day temporary driver's license. Now, your license is immediately suspended for at least 30 days for a failure of the breath test, and 180 days for a refusal, so you are unable to drive to court for that time.

Trial -  A court appearance where the evidence is presented, and your guilt or innocence is decided by 6 jurors in a jury trial, or a judge in the case of a bench trial.

Walk and Turn - Also known as the nine step walk and turn test, a field sobriety test involving walking a straight line heel to toe and turning. Police officers frequently perform this test incorrectly according to their training.

Call Russell Matson's law office anytime 24/7 to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730. Calls answered and returned nights and weekends.