Criminal Law

A few moments in life carry the weight of an arrest. The stakes are immediate, the process is intimidating and the decisions you make in those early hours can shape the outcome of your entire case. The prosecution will move quickly and aggressively to build a case against you – and you need an equally determined legal team standing in your corner.

At Bacon Wilson, P.C., our criminal defense attorneys bring over 100 years of combined experience to every case we handle, including three former assistant district attorneys who know exactly how the other side thinks and operates. We represent clients facing OUI/DUI charges and a wide range of other criminal matters throughout western Massachusetts and northern Connecticut. Our criminal defense practice covers:

• Alcohol-related offenses, also known as DUI, DWI, or OUI
• Traffic offenses
• Massachusetts Registry of Motor Vehicles Matters / License Reinstatement Matters
• Show Cause Hearings / Clerk Magistrate Hearings
• Possessory Offenses
• White collar crimes
• Criminal Harassment Order / Restraining Order violations
• Criminal matters involving juveniles (children 17 years of age and under)
• Representing witnesses in grand jury investigations
• Representing witnesses in federal investigations

You may read through some of the material below regarding frequently asked questions about operating under the influence of alcohol. Given the time-sensitive nature of this area of practice, do not delay in calling one of our criminal defense attorneys, as the earlier we are retained, the more of your rights are protected and the better our defense of you will be.

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Do Teens Get Different Treatment From Adults Under OUI/DWI Law?

Underage drinking and driving in Massachusetts carries consequences that go far beyond what most people expect. The state enforces a strict zero-tolerance policy for drivers under the legal drinking age – and the penalties reflect that seriousness.

A breath test reading of .02 or higher triggers immediate action by the Massachusetts Registry of Motor Vehicles, including license suspension. The consequences for refusing the breath test are equally severe: minors face an automatic three-year license suspension upon refusal, compared to 180 days for adult drivers. Additionally, a minor who fails the breath test and receives a guilty finding may be required to complete a mandatory two-week inpatient alcohol treatment program.

Beyond the Conviction: How an OUI/DWI Can Impact Your Life?

An OUI/DWI arrest can ripple into nearly every area of your life – your career, your driving privileges, your family situation and beyond. At Bacon Wilson, P.C., our broad range of practice areas means we can provide thorough analysis across all of these concerns under one roof.

Can I Speak to an Attorney Before Taking a Field Sobriety Test?

You do not have a legal obligation to perform field sobriety tests, and you have the right to decline them.

Is an OUI/DWI Conviction Permanent on My Record?

A conviction of this nature becomes a permanent part of your record with no path to removal. Should you face any future arrest, prosecutors can and will use it against you.

What Happens to My License If I Refuse the Breath Test?

For a first-time offender, refusing the breath test results in a 180-day license suspension. Failing the breath test carries a 30-day suspension.

What Are the Real-World Consequences of an OUI/DWI Conviction?

Beyond fines, fees and criminal penalties, an OUI/DWI conviction will appear on background checks and may affect your ability to secure employment. It can also bar you from entering Canada, which enforces strict rules on entry for individuals with criminal convictions. Additionally, a conviction results in the permanent loss of your license to carry concealed weapons and a five-year loss of your firearms identification card.

Is It Better to Contest My OUI/DWI Charge or Negotiate a Plea?

The right course of action depends heavily on the facts surrounding your case and what outcome best serves your interests. For many first-time offenders, negotiating a plea agreement can get your license reinstated quickly – though it does come with probationary conditions and steeper penalties for any future offenses.

What Should I Know Before Deciding on the Breath Test?

Taking or refusing the breath test each carries significant consequences worth understanding before you find yourself in that situation. If you take the test and fail as a first-time offender over 21, the Massachusetts Registry of Motor Vehicles will suspend your license for 30 days. If you have a prior conviction or you are under 21, suspension periods increase substantially. A failed test also means the results can be used as evidence against you at trial.

Refusing the test as a first-time offender over 21 triggers a 180-day license suspension; however, your refusal cannot be introduced as evidence by the prosecution at trial. Prior convictions or being under 21 cause that suspension to grow considerably. Ultimately, the breath test decision comes down to one practical reality: taking it only works in your favor if you are confident you will pass.

Understanding the Massachusetts Hardship License

A hardship license is a restricted, temporary form of driving privileges that the Massachusetts Registry of Motor Vehicles may grant in situations where a suspension creates a demonstrated hardship for the driver.

How Should I Handle a Field Sobriety Test Request?

When an officer asks you to perform field sobriety tests, you can inform them that your attorney advised you against it. Your refusal to take these tests cannot be introduced by the prosecution at trial – but your performance on them absolutely can be used against you. Declining to take them removes a potential risk without creating an admissible one.

Arrested for OUI/DWI? Here Is What You Should Do Next.

Most people facing an OUI/DWI arrest have never encountered the criminal justice system before. The process can feel disorienting and overwhelming – and the potential consequences for your job, your license and your personal life are real. Reaching out to our team as early as possible gives us the best opportunity to evaluate your case thoroughly.

If you have already been arraigned, you likely have a copy of the police report in hand. Even if you feel the field sobriety test did not go your way, that is not the full picture. A skilled attorney can highlight what you did right and put those moments in proper context, often outweighing a few missteps. What matters most is having a thorough legal review of that report to map out your strongest options going forward.

When Can I Reinstate My Full License After an OUI/DWI Suspension?

After serving a first-offense Massachusetts license suspension, you may become eligible to reclaim your license somewhere between 75 and 225 days from the suspension date, depending on your specific circumstances. Keep in mind that additional factors may influence exactly when the Massachusetts Registry of Motor Vehicles returns your driving privileges.

Common Reasons Police Pull Drivers Over for Suspected OUI/DWI