Boston DUI Lawyer

Boston OUI Defense — What You're Facing

In Massachusetts, "OUI" (Operating Under the Influence) is the legal term for what other states call DUI or DWI, codified at M.G.L. c. 90, § 24. It applies to impairment by alcohol, drugs, or any substance that affects your ability to operate a motor vehicle safely. A Boston OUI arrest creates two parallel problems: a criminal case in court and an administrative license suspension at the Registry of Motor Vehicles. Both move on independent timelines, and missing a deadline on either track can have lasting consequences.

Attorney Adela Aprodu evaluates every stage of your case for legal weaknesses — the traffic stop legality, field sobriety test administration, breathalyzer calibration and 15-minute observation period, blood testing chain of custody, and discovery compliance. Early defense decisions in the first 48 hours often determine whether you keep your license and avoid a permanent OUI conviction on your record.

• First Offense OUI — up to 2.5 years jail, $500–$5,000 fines, 1-year license suspension; most first offenders qualify for the 24D program (45–90 day suspension instead)
• Second Offense OUI — 60 days to 2.5 years jail, $600–$10,000 fines, 2-year suspension
• Third Offense OUI — felony; 180 days to 5 years state prison, 8-year suspension
• OUI with Serious Bodily Injury — felony; up to 10 years state prison
• OUI Manslaughter — felony; up to 15 years state prison plus 15-year minimum license loss

Where Boston OUI Cases Are Heard

Knowing the courthouse — and the prosecutors and judges who staff it — matters. Boston OUI cases are split across three forums:

• Boston Municipal Court (BMC) — handles misdemeanor OUI charges (first and second offenses) for arrests within the City of Boston. The Central Division at 24 New Chardon Street is the main location; outlying BMC divisions in Brighton, Charlestown, Dorchester, East Boston, Roxbury, South Boston, and West Roxbury hear cases by neighborhood of arrest. Chelsea, Revere, and Winthrop are typically heard in Chelsea District Court.
• Suffolk Superior Court — handles felony OUI charges: third or subsequent offenses, OUI causing serious bodily injury, OUI manslaughter, and any case the Commonwealth indicts. Located at the John Adams Courthouse in Pemberton Square. Felony cases carry mandatory minimums and long-term license consequences that don't apply in BMC.
• Massachusetts Registry of Motor Vehicles (RMV) — runs the implied-consent suspension on a separate administrative track. The driver's license suspension begins immediately upon refusal or a failed test, and a hearing must be requested within 15 days to challenge it. The RMV process is not part of the criminal case and proceeds even if the criminal charge is later dismissed.

The interplay between these three forums is where most OUI defense strategy lives. A motion to suppress a breath test in BMC can also support an RMV reinstatement petition; a successful 24D plea in court doesn't restore a refusal suspension at the RMV — those need to be addressed separately.

Common Boston OUI Stop Locations

Patterns of OUI enforcement in Boston are concentrated, and the location of your stop often shapes the defense. Boston Police, Massachusetts State Police, and the MBTA Transit Police all make OUI arrests, but their patrol patterns differ:

• I-93 corridor — Southeast Expressway exits (Mass Ave, Albany Street, South Bay), the elevated approach to the Tobin Bridge, and the Zakim Bridge area produce many late-night MSP stops. Tunnel patrols (Sumner, Ted Williams, O'Neill) are also common after midnight.
• Storrow Drive and Memorial Drive — frequent stops near the BU Bridge, the Cambridge Street exit, and the Charles Circle area, especially around bar closings. Both BPD and MSP run these.
• Massachusetts Avenue — Back Bay through the South End, particularly around concert and event venues.
• Late-night entertainment districts — Faneuil Hall, the Seaport, Theater District, Allston/Brighton bars, and the North End see concentrated patrols Thursday through Saturday nights, typically between 11 PM and 2 AM.
• Sobriety checkpoints — MSP runs occasional checkpoints in Suffolk County. Under Commonwealth v. McGeoghegan, checkpoints must be announced in advance, follow a written protocol, and stop vehicles by a neutral predetermined formula. Checkpoints that deviate from the published procedure are vulnerable to suppression.

The location of your stop determines which agency made the arrest, which means different report formats, different breath-test instruments, and different supervisory chains for cross-examination.