Fall River DUI Lawyer

Fall River DUI Lawyer
Fall River DUI Lawyer2026-09-30T17:41:58-04:00

A Fall River DUI lawyer defends OUI charges filed in Fall River District Court at the Fall River Justice Center, 186 South Main Street, which hears cases from Fall River, Somerset, Swansea, and nearby towns. Rory Munns of Mass DUI Guy keeps his office at 161 South Main Street, directly across from the courthouse, and is licensed in both Massachusetts and Rhode Island. Every Massachusetts OUI is a criminal case plus a separate RMV license case, and the first two weeks decide a lot. Call 401-573-2265 for a free consultation.

Quick answer: An OUI arrest in Fall River, Somerset, or Swansea is arraigned at Fall River District Court, 186 South Main Street. Under M.G.L. c. 90, § 24, a first offense carries a $500 to $5,000 fine, up to 2.5 years in jail, and up to one year of license loss, though most first offenders qualify for a 24D disposition with 45 to 90 days off the road. A breath result of 0.08 or higher brings an immediate 30-day RMV suspension, and a refusal brings at least 180 days, with a 15-day deadline to request a hearing. Felony OUI cases go to Bristol County Superior Court.

Arrested for OUI in Fall River? Rory Munns is across the street from the courthouse and answers the phone day and night. Call 401-573-2265 for a free consultation.

Fall River DUI Lawyer

Fall River DUI Lawyer Rory Munns

Fall River sits where Interstate 195 and Route 24 meet, with Route 79 and Route 138 running through the city and the Braga Bridge carrying traffic across the Taunton River toward Somerset. Fall River Police, the State Police, and the departments in Somerset and Swansea all make OUI arrests on those roads, and nearly all of them end up at the Fall River Justice Center on South Main Street. Rory Munns has built his practice around that courthouse. His office at 161 South Main Street is a short walk from the courtroom door.

What a Fall River DUI lawyer does for you

An OUI arrest starts two cases at once. The criminal case runs through Fall River District Court. The license case runs through the Registry of Motor Vehicles, beginning at the station when you take or refuse the breath test. Rory handles both. He requests the police report, booking video, and breath test records, meets the 15-day deadline for an RMV refusal hearing when it applies, argues release conditions at arraignment, and reviews every step of the stop and arrest for problems that can get evidence excluded. He will tell you honestly whether the case should be fought or resolved.

Fall River District Court

Fall River District Court is located in the Fall River Justice Center at 186 South Main Street and hears criminal cases from Fall River, Somerset, Swansea, and parts of the surrounding area. The same building houses sessions of Bristol County Superior Court, which hears felony OUI cases such as third offenses and OUIs causing serious injury. The District Court also runs an adult drug court, a treatment-based session for some defendants whose charges are tied to substance use.

OUI Penalties in Fall River

  • First offense: $500 to $5,000 fine, up to 2.5 years in the house of correction, and up to one year of license loss. Most first offenders are offered 24D: probation, an alcohol education program, and 45 to 90 days of license loss, with the case continued without a finding.
  • Second offense: $600 to $10,000 fine, mandatory jail time, a two-year license suspension, and an ignition interlock requirement.
  • Third offense: a felony with a mandatory minimum term, up to five years in state prison, and an eight-year license suspension.
  • Refusal: 180 days for a first refusal by a driver 21 or older, three years for a driver under 21 or with one prior, five years with two priors, and life with three or more.

Massachusetts counts prior offenses for life, and a prior 24D counts. See our Massachusetts DUI penalties page for the full breakdown.

Hardship Licenses After a Fall River OUI

Many people arrested in Fall River need to keep driving to work. A hardship license, often called a Cinderella license, allows driving during a set 12-hour window each day for work, school, medical care, or treatment. It is granted by the RMV after a hearing, not by the court. Eligibility depends on your offense level, prior record, whether you refused the breath test, and whether you have enrolled in the required alcohol program. Second and later offenses require an ignition interlock device. See our Massachusetts DUI laws page for more on license rules.

7 Things to Know About a Fall River OUI

  1. Your case is on South Main Street. Fall River, Somerset, and Swansea OUI arrests are arraigned at the Fall River Justice Center.
  2. Priors count for life. There is no lookback window, and a 24D counts as a prior.
  3. The RMV acts first. Breath test failures and refusals trigger suspensions at the station.
  4. Refusal hearings have a 15-day deadline. Miss it and the suspension generally runs its full length.
  5. Roadside tests are voluntary. You are not required to perform field sobriety tests.
  6. Rhode Island drivers face two sets of consequences. Fall River is minutes from the state line, and Rory is licensed in both states.
  7. Drug court is an option for some. When substance use is behind the arrest, a treatment-based track may be available.

How a Fall River OUI Case Moves Through Court

  1. Arrest and breath test. The stop, any roadside tests, and the breath test offer at the station.
  2. Arraignment at Fall River District Court. The complaint is read, you plead not guilty, and release conditions are set.
  3. Discovery. Your lawyer obtains the report, booking and cruiser video, and breath test certification and maintenance records.
  4. Pretrial conference and motions. Motions to suppress an unlawful stop, arrest, or breath test are filed and argued.
  5. Resolution. Dismissal, a 24D disposition, a plea to a reduced charge, or a jury or bench trial.
  6. License reinstatement. Program completion and RMV reinstatement, with an interlock device when required.

Defending a Fall River OUI

No OUI case can be judged by the arrest report alone. The Commonwealth must prove operation on a public way while impaired, or with a blood alcohol level of 0.08 or higher. A stop without reasonable suspicion can lead to suppression of everything that followed. Field sobriety tests given on a sloped Fall River street, in the cold, or to someone with an injury may be unreliable. Breath test devices must be certified and maintained, and the operator must follow a strict observation period. When key evidence is excluded, the case often cannot go forward. Our Massachusetts DUI dismissal page covers the common grounds.

Why Hire Rory Munns in Fall River

Rory Munns is in the Fall River courthouse regularly, and his office is across the street. He knows the courtrooms, the calendars, and how cases move there. He is licensed in Massachusetts and Rhode Island, answers the phone day and night, and handles both the court case and the RMV side of your license. Clients have left hundreds of reviews about their experience. For other charges, see our Fall River criminal defense page.

Related Reading

Charged with OUI in Fall River, Somerset, or Swansea? Rory Munns offers a free consultation from his office across from the courthouse. Call 401-573-2265, day or night.

Criminal Defense Attorney Rory Munns

161 S Main St
Fall River, MA 02721

Phone: 401-573-2265

Frequently Asked Questions

Can a Fall River OUI be dismissed?

Yes, when the evidence has real problems. The Commonwealth must prove you operated a vehicle on a public way while impaired, or with a blood alcohol level of 0.08 or higher. If the officer lacked reasonable suspicion for the stop, the evidence that followed can be suppressed. Field sobriety tests given on a sloped street, in the cold, or to someone with an injury may be unreliable. Breath test devices must be certified and maintained, and the operator must observe you for a set period before the test. When a motion to suppress succeeds, the prosecution often cannot proceed. Every case should be reviewed, including the booking video, before any decision about a plea or 24D.

Can a Fall River OUI be dismissed?2026-09-30T17:41:52-04:00

Can I keep driving to work after a Fall River OUI?

Often, yes, with a hardship license. The hardship license, sometimes called a Cinderella license, allows you to drive during a set 12-hour window each day for work, school, medical care, or treatment. The RMV decides eligibility at a hearing, based on your offense level, prior record, whether you refused the breath test, and whether you have enrolled in the required alcohol program. A waiting period applies, and it grows with each prior offense. For second and later offenses, you must use an ignition interlock device. Bring proof of your need, such as an employer letter with your hours, to the hearing. A lawyer can tell you when you are likely to qualify.

Can I keep driving to work after a Fall River OUI?2026-09-30T17:41:46-04:00

How much is a first offense OUI fine in Fall River?

The statute sets the same range in every Massachusetts court: a fine of $500 to $5,000 for a first offense, plus mandatory assessments that include $250 to the Head Injury Treatment Services Trust Fund and $50 to the Victims of Drunk Driving Trust Fund. With a 24D disposition, you also pay probation supervision fees and the cost of the state alcohol education program, and the court may not impose a large fine. There are RMV reinstatement fees and, for most people, several years of higher insurance premiums. Jail of up to 2.5 years is possible by statute but rare for a first offender without aggravating facts. Your total cost depends heavily on how the case is resolved.

How much is a first offense OUI fine in Fall River?2026-09-30T17:41:41-04:00

I live in Rhode Island and was arrested for OUI in Fall River. What now?

Your criminal case stays in Massachusetts, at Fall River District Court, and follows Massachusetts law. The Massachusetts suspension applies to your privilege to drive in Massachusetts, but an out-of-state OUI can also affect your Rhode Island license, your insurance, and in some jobs your employment. Many lawyers practicing in Fall River are licensed only in Massachusetts. Rory Munns is licensed in both Massachusetts and Rhode Island, so he can defend the Fall River charge and advise on what the outcome means for you at home. Because Fall River is minutes from the state line, a large share of OUI arrests here involve Rhode Island drivers, and routine court dates can often be handled for you.

I live in Rhode Island and was arrested for OUI in Fall River. What now?2026-09-30T17:41:49-04:00

I refused the breath test in Fall River. Can I get my license back?

Possibly, but you have to move fast. A refusal triggers an RMV suspension of 180 days for a first refusal by a driver 21 or older, three years for a driver under 21 or with one prior, five years with two priors, and life with three or more. You can challenge the refusal suspension at an RMV hearing, but only if you request it within 15 days of the arrest, and the grounds are limited. If the criminal case ends in a not guilty finding, the court can also restore your license. In some situations a hardship license may be available. In Massachusetts the refusal itself generally cannot be used as evidence against you at trial.

I refused the breath test in Fall River. Can I get my license back?2026-09-30T17:41:44-04:00

What happens at a Fall River OUI arraignment?

The arraignment is your first court date. The clerk reads the complaint, you enter a plea of not guilty through your lawyer, and the judge sets conditions of release. For most first offense OUI cases, release is on personal recognizance, sometimes with conditions such as not driving without a valid license or abstaining from alcohol. The judge also schedules a pretrial conference, where discovery and possible resolutions are discussed. The arraignment is not the time to accept a plea deal, and you should not discuss the facts in the courtroom hallway. Having a lawyer at arraignment helps ensure fair conditions and gets the discovery requests started, including the booking video and breath test records.

What happens at a Fall River OUI arraignment?2026-09-30T17:41:38-04:00

Where will my Fall River OUI case be heard?

At Fall River District Court, located in the Fall River Justice Center at 186 South Main Street. The court hears criminal cases from Fall River, Somerset, Swansea, and parts of the surrounding area, so an OUI arrest by Fall River, Somerset, or Swansea police, or by State Police in those communities, is arraigned there. First and second offense OUI cases usually stay in District Court through resolution. Felony OUI cases, such as third offenses or OUIs causing serious injury, can be indicted in Bristol County Superior Court, which also sits in the Justice Center. Rory Munns keeps his office at 161 South Main Street, directly across from the courthouse, so meeting before court is easy.

Where will my Fall River OUI case be heard?2026-09-30T17:41:35-04:00

Why hire a Fall River DUI lawyer instead of handling it myself?

Because the decisions in an OUI case have long-term effects that are easy to miss. A lawyer can challenge a refusal suspension within the 15-day window, get the booking video and breath test records before they are lost, argue release conditions at arraignment, and file motions to suppress when the stop or the test was flawed. A lawyer also knows how the Fall River court handles 24D offers and reductions, and can tell you whether an offer is worth taking. Since Massachusetts counts a 24D as a prior for life, getting that decision right matters. Rory Munns offers a free consultation from his office across from the Fall River courthouse.

Why hire a Fall River DUI lawyer instead of handling it myself?2026-09-30T17:41:54-04:00
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