How Long Does an OUI Stay on Your Record in Massachusetts?

While many residents facing OUI charges are aware that a conviction can negatively impact their livelihood, not everyone understands the specific ways an OUI can change their lives long-term. One of the most common questions asked by residents facing OUI charges is, “How long does an OUI stay on your record in Massachusetts?” Ellison Law LLC can help you understand how an OUI may appear in different databases and how you can mitigate its impact on your future.

About Us

The team at Ellison Law LLC is committed to helping the people of Fall River, Westport, and cities throughout Massachusetts with their OUI cases. We share decades of experience and knowledge handling cases ranging from simple traffic tickets to third-time OUI offenses. Founding attorney David Ellison is a well-respected member of the local legal community, earning a Rising Star award in 2021 and 2022 and a Super Lawyer rating in 2023 and 2024.

Overview of OUI Cases in Massachusetts

Intoxicated driving remains an ever-present public safety concern throughout the United States. In 2023, there were 12,429 deaths in alcohol-related accidents. That same year in Massachusetts, there were 116 OUI-related fatalities and 8,208 OUI arrests.

Operating while under the influence (OUI) is Massachusetts’s term for DUIs, and occurs when someone is in control of a motor vehicle while impaired by an intoxicating substance or while having a blood alcohol content (BAC) of 0.08%. For commercial drivers, the limit is 0.04%.

The focus on operation in Massachusetts state law means that someone may be charged with an OUI while in control of a vehicle, but not driving. For example, if someone is intoxicated and in a parked vehicle with the keys in the ignition, they may be convicted.

How an OUI Appears on Records in Massachusetts

In Massachusetts, an OUI appears on your criminal and driving record in separate ways, with different approaches to each. The following are some key distinctions between how an OUI is recorded:

• Criminal Record
  OUIs in Massachusetts are either a misdemeanor or a felony, depending on the aggravating factors involved and your driving history. These will remain on your criminal record permanently unless you apply to have them sealed.Sealed records still appear in court records, but conceal past convictions for many public background checks. You may petition to seal your criminal record three years after a misdemeanor OUI with no new infractions, or seven years for an OUI felony. Juvenile OUIs are automatically sealed when you turn eighteen, and you may be eligible for expungement under limited circumstances.
• Driving Record
  Massachusetts is one of the few states in America where an OUI remains on your driving record indefinitely. The Massachusetts Registry of Motor Vehicles (RMV) maintains full, lifetime driving histories for all residents. This means you can be charged with a second OUI even if your first was decades ago. Juvenile offenses are not automatically removed and are treated the same as adult incidents.

Hire an OUI Lawyer in Massachusetts You Can Trust

With the weight an OUI charge carries in Massachusetts, it’s crucial that you hire an OUI lawyer who can advocate for your future. Your Massachusetts OUI attorney can examine the arguments against you, highlight any procedural errors, and represent you in all hearings related to your case.

If a conviction seems likely, experienced legal counsel can negotiate with the courts to find a plea bargain that reduces OUI penalties. Plea deals can shorten prison sentences, lower fines, and change what appears on your record to a lesser infraction. Regardless of how severe your charge may be, do not wait to hire an OUI lawyer from Ellison Law LLC. We stand ready to act as your legal advocate throughout every step of your case.

FAQs

How Long Does an OUI Affect Car Insurance in Massachusetts?

How long an OUI may affect your car insurance in Massachusetts depends on your insurance provider and your driving history. Since there is a lifetime lookback period for OUIs, there is no set expiration date for when they may stop affecting your premiums. Each insurer uses its own standard when setting your payments. Your OUI attorney can aid in reviewing your plan and explain how an OUI may affect your specific scenario.

Do You Need a Lawyer for an OUI Charge in Massachusetts?

While you are not legally required to have legal counsel when charged with an OUI in Massachusetts, it is highly recommended that you do so. Hiring an experienced attorney can provide many key benefits to your case’s outcomes and ensure you have a legal advocate who can protect your rights throughout proceedings. They can fight for you at every stage of your case, defend you against faulty or weak accusations, and represent you in court.

Can You Remove an OUI Charge From Your Record in Massachusetts?

In Massachusetts, you cannot remove an OUI charge from your record, but you may be eligible to have it sealed. A sealed record remains in the court’s files, but can be excluded from public background checks. You can apply to seal your record after three years for a misdemeanor, or seven years for a felony offense. Juvenile convictions are automatically sealed and may be eligible for expungement. OUIs cannot be removed from your RMV driving history.

What Is the Penalty in Massachusetts for a First-Time OUI Offense?

The penalty for a first-time OUI in Massachusetts depends on the circumstances of your case. Basic punishments for a first-time OUI offense include a fine of $500 to $5,000, license suspension, and up to two and a half years in jail. Many defendants with no prior OUIs may seek penalties under Section 24D regulations, which replace any jail time with probation, a license suspension of up to 90 days, and enrollment in an addiction education program.

Contact a Massachusetts OUI Attorney Today

Ellison Law LLC understands how overwhelming the prospect of an OUI appearing on your lifetime record can be. Our team has years of experience, knowledge, and skills that we can use to fight for you and make a positive difference in your case. Contact us today to schedule your initial consultation, where we can learn your story, discuss how charges may appear on your record, and provide potential strategies moving forward.