Arrested for OUI in Massachusetts?
Don’t Face This Alone.
If you've been charged with Operating Under the Influence (OUI) in Massachusetts, you're likely feeling overwhelmed, embarrassed, and uncertain about what happens next. The stakes are high: your license, your job, your reputation, and even your freedom could be on the line.
At DeGiacomo & Mikhlin, P.C., we understand that good people make mistakes — and sometimes, people are wrongly accused. No matter what your situation looks like right now, you do have options. And we’re here to help you fight for the best possible outcome.
What Is OUI in Massachusetts?
Massachusetts uses the term Operating Under the Influence (OUI) to refer to what many other states call DUI or DWI. You can be charged if law enforcement believes you were operating a motor vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher
- While impaired by alcohol or drugs, even without a chemical test
You can be arrested for OUI based on field sobriety tests, officer observations, your driving behavior, or your refusal to submit to a breath test.
Penalties for OUI in Massachusetts
The penalties for OUI in Massachusetts increase based on prior offenses, whether someone was injured, and other circumstances. Even a first offense can carry:
- Up to 2.5 years in jail
- A mandatory license suspension (typically 1 year, with hardship options)
- Fines and fees that can exceed $1,000
- Probation, alcohol education classes, and ignition interlock requirements
Second or third offenses come with mandatory jail time, longer license suspensions, and lifelong consequences.
If someone was hurt or killed, or if you were driving with a child in the vehicle, the stakes become even more serious — and the prosecution will push aggressively for harsh penalties.
What You’re Up Against
Most people arrested for OUI have never been in trouble with the law before. But that doesn’t mean you’ll be treated leniently. Massachusetts prosecutors take these cases seriously — and so do the courts. You may be dealing with:
- Court dates, paperwork, and tight deadlines
- A suspended license that disrupts your daily life
- Pressure to accept a plea without understanding your rights
- Damaged reputation in your community or workplace
How We Help
At DeGiacomo & Mikhlin, P.C., we take a hands-on, strategic approach to every OUI case. We examine every detail of your stop, arrest, and testing procedures. Our job is to find the weak points in the state’s case and use them to your advantage. We may be able to:
- Challenge the legality of the traffic stop
- Discredit unreliable field sobriety test results
- Exclude breath or blood tests that were mishandled
- Negotiate for reduced charges, diversion programs, or dismissal
You don’t have to accept the worst-case scenario — and you don’t have to figure this out on your own.
Why Choose DeGiacomo & Mikhlin, P.C.?
We’re not a volume firm that treats you like a case number. When you work with us, you’ll have direct access to an experienced attorney who knows how to navigate the Massachusetts court system and who will fight for you at every stage.
What sets us apart:
- Extensive experience in Massachusetts OUI defense
- Proven results handling both first-time and repeat offenses
- Clear communication and personal attention from start to finish
- A reputation for being aggressive in court and realistic in strategy
We’ll help you understand your rights, your options, and your next steps — with no scare tactics or empty promises.
Take the First Step Toward Protecting Your Future
An OUI charge doesn’t have to define your life. With the right defense, you can fight back — and in many cases, avoid the most serious consequences.
Contact DeGiacomo & Mikhlin, P.C. today for a free, confidential consultation. We’ll review your case, answer your questions, and help you move forward with confidence.
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
Noteworthy Case Results
Focused on Getting You the Best Possible Outcome
James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!
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Not Guilty January 2025 Case Result – Lynn District Court
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Case Dismissed January 2025 Case Result – Salem District Court
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Case Dismissed January 2025 Case Result – Fall River District Court
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Case Dismissed January 2025 Case Result – Haverhill District Court
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Case Dismissed December 2024 Case Result – Brookline District Court
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Complaint avoided November 2024 Case Result – Brockton District Court