What Will Happen If I Plead Guilty To An OUI Charge (First Offense)?

If you’ve been arrested for Operating Under the Influence, or DUI, you may decide you want to plead guilty and settle the matter as quickly as possible. If you are facing a first offense, many people find the plea terms for the minimum penalty available under the law acceptable and preferable to having to wait until a trial to have a chance to drive again.

If after I lay out all your options you come to that decision, then there are a number of things I will do for you. I will work with you to get the plea settled as quickly as possible to minimize the interruption and inconvenience to your life.

Why Hire an Experienced OUI Lawyer Just to Plead Guilty?

There are a number of services I can provide for you that will benefit you, even if you simply want to plead the case out and move on with your life. They include:

  • A full analysis of the facts of your case – I’ll look over the police report carefully, to make sure there aren’t any procedural or legal errors committed. It may be that the police made serious errors in your arrest, and the case should be dismissed, or I may think you have an excellent chance of beating the case at trial. I’ll give you the benefit of my years of experience in handling cases just like yours. Whatever you decide, you’ll have…
  • Peace of Mind – I will make certain that you aren’t taken advantage of. I can almost always negotiate for the minimum sentence allowed under Massachusetts OUI laws. And of course, I’ll be there to walk you through the sometimes complex legal proceedings without a misstep.
  • Quick Action and Resolution – If you hire me to be there at your arraignment, I can often settle the case that day, instead of making you come back for future court dates. That way, you can get a hardship license and be able to drive again within a week or so. If I’m not at your arraignment, I can still advance the pre-trial date, which is something you can’t do on your own.
  • Savings – In addition to making certain you get the best possible OUI plea deal, in many cases I can get the DA to agree to drop any civil penalties, such as Speeding, Marked Lanes Violation, or other traffic charges. This could save you points on your insurance and thousands of dollars.

What You Need to Know About An OUI Plea Agreement

If you are prepared to plead guilty or CWOF (Continuance Without a Finding) to a 1st offense OUI, here is what you can expect to happen:

  • If you have a pretrial conference scheduled, I can enter a motion to advance and continue (which means to move up) your court date. It makes sense to get this over as soon as possible, to minimize your license loss and the inconvenience that comes with not being able to drive.
  • You’ll want to be signed up for an alcohol education class before we go to court. Going through a 16 week alcohol program will be a requirement of your first offense plea.
  • Approximately one week after the court date we will go to the registry and get you your 12 hour a day restricted hardship license. The alcohol program signup will be necessary for this.
  • If you have had any other traffic violations in the past 5 years, please let me know right away, as that can affect your license status and ability to get a hardship work license.
  • Keep in mind that when we go to court and work out a deal, you will lose your license and not be able to drive until I can get you a limited hardship license. If you drive to court, have a ride home.
  • After pleading guilty, will have to pay a number of fees and a fine. you will be put on probation for a likely period of 12 months. As a condition of unsupervised probation, you will have to fill out and mail a card to your probation officer. If you are convicted of a crime during this probation period, it will have more serious consequences. But you’d have to be convicted of a criminal act for that to occur, and not a civil infraction such as a speeding ticket.
  • Total fees and fines you will be charged with include:
  • OUI State Fee $250
  • OUI Victim Assessment $50
  • Head Injury Assessment $250
  • Victim Witness Fee $50
  • License Reinstatement Fee $500
  • Minimum Criminal Fine $500
  • Alcohol Education Program Fee $567.22
  • Probation Supervision Fee (12 months at $65) $780

The cost of the fees alone on a first offense OUI a conviction (or CWOF) is at $2950, and that still doesn’t include auto insurance surcharges/points, and the impact a drunk driving conviction will have on your career and your life. Everyone should at least give serious consideration to fighting the charges for a chance to avoid this outcome.

Call me 24 hours a day at (781) 380-7730 to talk about your case. Whether you want to settle the case or fight it in court, I’ll lay out all your options step by step. And remember, my initial phone consultation is absolutely free, with no obligation.

Russell Matson, Attorney at Law

Call Russell Matson’s cell phone to talk to an attorney anytime at (781) 380-7730.

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