Boston DUI Lawyer
Former Prosecutors Defending OUI Charges in Boston & Throughout Massachusetts
For many people, an OUI arrest is their first contact with the criminal justice system. The decisions made in the hours and days immediately after an arrest can shape everything that follows. Degiacomo & Mikhlin, P.C. is available 24 hours a day, 7 days a week, so clients can reach an attorney directly after an arrest and avoid costly early mistakes.
Attorney James G. DeGiacomo and Attorney Sergey Mikhlin are both former prosecutors. They understand how the Commonwealth builds a DUI case because they built those cases themselves. That background lets the firm identify weaknesses in the prosecution’s approach before they become problems at trial, rather than reacting to them after the fact.
The firm defends clients facing OUI and DUI charges in Boston and across Massachusetts, whether it’s a first offense or a subsequent one. Representation covers both the criminal case and the RMV hearing. These are two proceedings that run simultaneously after an arrest, so clients don’t need separate attorneys managing separate fights. The firm has a record of dismissals, not guilty verdicts, and no probable cause findings, and offers free initial consultations. Read what past clients have said on the firm’s testimonials page.
DUI Laws in Massachusetts
In Massachusetts, it is against the law to operate a vehicle while under the influence of alcohol or drugs. A blood alcohol content (BAC) of 0.08% or higher is sufficient grounds for an OUI arrest for drivers 21 and over. The limit is 0.04% for commercial driver’s license (CDL) holders and 0.02% for drivers under 21.
A first OUI offense carries a license suspension of up to one year, fines between $500 and $5,000, and a maximum jail term of two and a half years. Beyond criminal penalties, a conviction creates a permanent criminal record that can affect employment, professional licenses, college applications, and insurance rates.
Is a DUI a Felony in Massachusetts?
A first or second OUI is generally charged as a misdemeanor. A third conviction becomes a felony. A fourth carries mandatory state prison exposure. An OUI can also be charged as a felony if it involves serious bodily injury or death. Melanie’s Law, enacted in 2005, significantly increased penalties for repeat offenders and introduced mandatory ignition interlock device requirements for certain convictions.
Massachusetts applies a lifetime lookback period, meaning any prior OUI conviction, regardless of how long ago it occurred, counts toward sentencing on a subsequent charge. There is no window that resets prior convictions.
Can You Get a DUI Expunged in Massachusetts?
Expungement is available only in two narrow circumstances: when someone else used your identity to receive a conviction, or in certain juvenile cases where charges were not pursued due to lack of evidence. For most people, record sealing is the only realistic option.
Sealing a record doesn’t make it disappear entirely. Sealed records are no longer visible to the public, so most employers won’t find them, but government agencies and courts retain access, and a prior conviction can still influence sentencing in a future case.
How Degiacomo & Mikhlin, P.C. Defends an OUI Case in Boston
An OUI arrest in Massachusetts sets two proceedings in motion simultaneously: the criminal case, heard at the Boston Municipal Court or District Court, and an administrative proceeding at the Massachusetts Registry of Motor Vehicles (RMV) that can impose an automatic license suspension independent of the court outcome. The firm handles both.
Investigating the Arrest
The firm examines the arrest report and all available evidence to identify grounds for dismissal or suppression. If the stop lacked legal justification or the arrest procedure was flawed, those issues can be raised early.
Challenging Chemical Test Evidence
Breathalyzer results aren’t automatic proof of guilt. The firm reviews calibration records, testing procedures, and any medical factors that could have affected the reading. Evidence that doesn’t hold up to scrutiny can sometimes be excluded entirely.
Field Sobriety Test Analysis
Field sobriety tests are voluntary in Massachusetts, and refusal carries no license suspension penalty. Where tests were administered, the firm examines whether instructions and conditions met the required standards and challenges results that reflect subjectivity rather than impairment.
Understanding Your Options
Not every OUI case goes to trial. A continuance without a finding (CWOF) under the 24D alternative avoids a formal conviction, though it counts as a prior offense for any future OUI charge and can carry collateral consequences for licensed professionals, CDL holders, and non-citizens. The firm explains these trade-offs clearly so clients can make informed decisions.
RMV Hearings & Hardship Licenses
A breathalyzer refusal triggers an automatic 180-day license suspension for a first offense under Massachusetts implied consent law, separate from any court-ordered suspension. The firm handles hardship license applications and Board of Appeals matters to protect a client’s ability to drive during and after the case.
Suggested Reading:
- Dangerousness Hearings for DUIs
- What To Do During A DUI Stop in Massachusetts?
- Questions to Ask Your DUI Lawyer
- Why You Must Have a DUI Felony Lawyer
Don’t face a DUI charge alone. Contact Degiacomo & Mikhlin, P.C. today or call (617) 941-3666 for a free initial consultation.
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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Represented Clients in MA District, Superior, & Appellate Courts
Ready to Defend Your OUI Case in Boston
Attorneys James G. DeGiacomo and Sergey Mikhlin are former prosecutors who understand exactly how the Commonwealth prepares a DUI case. That background is put to work from the start: investigating the arrest, examining every piece of evidence, and building a defense that challenges the case rather than accepting it at face value. The firm is available 24 hours a day, 7 days a week, and free initial consultations carry no obligation to retain.
Contact Degiacomo & Mikhlin, P.C. at (617) 941-3666 to discuss your case. Available 24/7.