Let Our OUI Attorney Fight for You in  Bristol, Norfolk, & Plymouth Counties, Massachusetts

If you're charged with OUI, your first action should be to contact an experienced OUI attorney—preferably before answering police questions. Massachusetts laws are strict, and what you say can seriously impact your case. Avoid discussing your case with anyone other than your attorney. Your license may be suspended immediately, and you’ll likely receive a court date shortly after arrest. Michael P. Carroll can help you navigate the early stages—securing your driving rights, evaluating evidence (like breath test results), and building a defense tailored to the facts of your case.

Yes, under Massachusetts law you can refuse a breathalyzer test. However, doing so comes with immediate and automatic license suspension by the RMV—even if you're ultimately found not guilty. For first-time offenders, the suspension is typically 180 days. Importantly, the refusal cannot be used against you in criminal court, but it can complicate reinstating your driving privileges. Michael P. Carroll helps clients assess whether challenging the RMV suspension is worthwhile and explains how this refusal may impact both court strategy and administrative proceedings.

In some cases, particularly with first-time offenses or accidents without injuries, you may receive a summons to a Clerk Magistrate’s Hearing instead of being arrested. This hearing determines whether there is enough probable cause to issue a criminal complaint. Having representation from Michael P. Carroll is critical—he can often prevent charges from being filed at all, keeping your record clean. These hearings are informal but legally significant, and success here can save you from going through the full court process.

Yes, it’s possible, depending on the facts of your case, including the validity of the traffic stop, the administration of field sobriety tests, and whether your constitutional rights were violated. Michael P. Carroll thoroughly examines each case for procedural errors, improper police conduct, or unreliable evidence that can be challenged. In many instances, charges may be reduced to a Continuance Without a Finding (CWOF) or even dismissed entirely through effective pretrial advocacy and motion practice.

A Continuance Without a Finding (CWOF) is a common resolution for first-time OUI offenders. You admit that the facts support a finding of guilt, but the court holds off on entering a conviction. If you complete probation successfully, the case is dismissed without a criminal conviction. While it keeps your record cleaner, it still counts as a first offense if you’re charged again. Michael P. Carroll helps clients weigh the pros and cons of a CWOF versus taking a case to trial.

Absolutely. First-time OUI charges in Massachusetts can still carry serious consequences—license suspension, fines, increased insurance costs, and even jail time. Additionally, your driving history and behavior during the stop can influence sentencing. An experienced OUI attorney like Michael P. Carroll can often negotiate more favorable outcomes, uncover police errors, and protect your long-term record. Self-representation almost always leads to harsher penalties or missed opportunities for dismissal or reduction.

An OUI conviction leads to automatic license suspension (1 year for first offenses) and will trigger a sharp increase in auto insurance rates due to Massachusetts being a zero-tolerance state for impaired driving. Many insurers may drop coverage altogether or classify you as high-risk. Additionally, you may need to install an Ignition Interlock Device (IID) on your vehicle, particularly for repeat offenses. Michael P. Carroll assists clients in pursuing hardship licenses and strategizing to minimize long-term insurance consequences.

Massachusetts imposes increasingly harsh penalties for repeat OUI offenses. A second offense includes a minimum 60-day jail sentence, two-year license suspension, and mandatory installation of an IID. A third offense is a felony with minimum 180 days in jail, an eight-year license loss, and potential vehicle forfeiture. Michael P. Carroll’s expertise is vital for repeat offenders—he works to challenge prior convictions when possible and to explore alternatives like in-patient treatment programs that may reduce sentencing.

OUI drug charges follow similar legal standards as alcohol-related OUI but rely on different forms of evidence. There is no breath test equivalent for drug intoxication, making field sobriety and officer observations the core of the prosecution’s case. These are highly subjective and often open to challenge. Michael P. Carroll is skilled in discrediting Drug Recognition Experts (DREs) and highlighting weaknesses in state evidence, making these cases particularly defensible.

Possibly. You may qualify for a Hardship License, allowing limited driving privileges for work, school, or medical needs. Eligibility depends on your offense history, completion of alcohol education programs, and proof of hardship. Michael P. Carroll guides clients through this application process, ensuring proper documentation and timing. He also represents clients in RMV hearings to appeal suspensions or denials, increasing the chance of regaining limited driving rights sooner.