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Common Questions
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Frequently Asked Questions: OUI / DWI

Answers from a Salem, MA Criminal Defense Attorney

KRP Law, LLC has handled countless DWI and OUI cases over the years with solid results. Our track record includes numerous OUI success stories. If you have been charged with operating under the influence (OUI) of alcohol – also known as driving while intoxicated (DWI) – then a Salem OUI lawyer from our firm can provide the proven defense that you need in order to avoid the consequences of a conviction.

What are the penalties for OUI in Massachusetts?

  • First DWI – Possible jail sentence of up to 2.5 years in jail, fine of $500 – $5,000, and license suspension for up to 1 year
  • Second DWI – 60 days to 2.5 years in jail, fine of $600 – $10,000, and license suspension for two years with a reinstatement fee of $50 – $1,200​
  • Third DWI – Felony DWI, possible incarceration for 180 days – 5 years, fine of $1,000 – $15,000, and license suspension for 8 years with a reinstatement fee of $50 - $1,200
  • Fourth DWI – Felony DWI, 2 – 2.5 years in jail, fine of $1,500 - $25,000, and license suspension for 10 years with a reinstatement fee of $50 – $1,200​
  • Fifth DWI – Felony DWI, possible incarceration for 2.5 – 5 years, fine of $2,000 – $5,000, and lifetime license revocation


Will I go to jail?

Whether or not you go to jail depends on whether this is your first DWI or a subsequent DWI offense. For a first offense, the judge may decide not to sentence you to jail. The more times you're convicted of DWI, the harder it is to avoid a jail or prison sentence.


How many points will be added to my record?

Operating under the influence is considered a "Major Traffic Law Violation" under the Safe Driver Insurance Plan, which means that you will receive 5 points on your driving record under 211 CMR 134.15. Surcharge points can affect your insurance rates.


Will I lose my license?

If you are convicted of DWI, then yes, you will have your license suspended for a time. In most cases, however, you will be able to reinstate your license after your suspension period is over. If you are convicted for a fifth OUI, however, your license will be revoked for life.


Can I fight my OUI even if I fail a breath test?

In many cases, yes, you can fight an OUI even after you blow more 0.08% or higher. Your attorney will investigate your case and may be able to have your breath test results thrown out based on police error or misconduct. Breath test machines can have incorrect readings if they are not properly calibrated every time they are used, or if the officer failed to have the suspect breath into the machine properly.


What is a field sobriety test?

There are many field sobriety tests that officers may use to determine whether or not you are drunk, such as touching your fingertips to your nose, counting backward, or "walking the line." There are three Standard Field Sobriety Tests (SFST), however: the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS). These tests are divided-attention tests meant to help officers gather proof of intoxication so that they can make lawful DWI arrests.


Do I need to hire a lawyer?

Yes, you should always hire DWI attorney to fight your charges. Your chances of a successful defense are exponentially higher when you have an OUI lawyer on your side.


Contact a DWI / OUI Attorney in Salem, MA

KRP Law, LLC is prepared to begin investigating your case immediately in order to build a strong defense. With us on your side, you could have your DWI charges reduced or entirely dismissed. Contact us today to schedule your free case evaluation!

KRP Law, LLC - Salem, MA Criminal Defense Attorney
Located at 30 Church Street Salem, MA 01970. View Map
Phone: (888) 499-8065 | Local Phone: (978) 210-3280.