Middlesex DUI Lawyer

Yes, when the evidence does not hold up. Common grounds include a stop without reasonable suspicion, an arrest without probable cause, field sobriety tests given in poor conditions, and breath tests that did not follow the certification, maintenance, observation, or two-sample rules. Statements taken without proper warnings can also be suppressed. When a judge excludes key evidence, or the prosecutor sees the weaknesses before a hearing, the case may be dismissed or reduced to a non-OUI charge. A dismissed case can later be sealed. An honest review of the police report and video is the first step in finding out whether dismissal is realistic.

Can a Middlesex County OUI charge be dismissed?Criminal Defense Attorney Rory Munns2026-09-30T18:01:34-04:00

Rory Munns defends OUI and criminal cases in Massachusetts and is licensed in both Massachusetts and Rhode Island. His office is at 161 South Main Street in Fall River, and he answers the phone day and night. For a Middlesex County case, he will review the police report, the booking and cruiser video, and the breath test records, explain the realistic options, and handle the RMV side of the license alongside the court case. The first consultation is free, so you can learn where you stand before making any decision. Call 401-573-2265 to talk about your Middlesex County OUI.

Does Rory Munns handle OUI cases in Middlesex County?Criminal Defense Attorney Rory Munns2026-09-30T18:01:40-04:00

Most District Court OUI cases take several months from arraignment to resolution, and contested cases with motions or a trial can take longer. The timeline depends on the court's schedule, how quickly discovery such as video and breath test records is produced, whether suppression motions are filed, and whether the case resolves by agreement or goes to trial. The RMV license case runs on its own faster track, starting the day of the arrest. Felony cases in Superior Court generally take longer. Getting a lawyer involved early helps preserve evidence and keeps the case moving toward the best available result rather than simply waiting.

How long does a Middlesex County OUI case take?Criminal Defense Attorney Rory Munns2026-09-30T18:01:44-04:00

Yes. In Massachusetts a third offense OUI is a felony, with a sentence of 180 days to five years, a mandatory minimum portion that must be served, and an eight-year license suspension. Fourth and fifth offenses carry longer terms and license losses of ten years to life. Because Massachusetts counts prior offenses for life under Melanie's Law, a 24D or conviction from decades ago can raise the offense level. Felony OUI cases in Middlesex County can be indicted and tried in Middlesex Superior Court. Challenging whether each prior is valid and properly proven is often one of the most important parts of the defense.

Is a third offense OUI in Middlesex County a felony?Criminal Defense Attorney Rory Munns2026-09-30T18:01:31-04:00

That decision is yours, and it has trade-offs. Refusing the station breath test brings an automatic RMV suspension of at least 180 days, which is longer than the 30-day suspension for a failed test. On the other hand, a refusal generally cannot be used as evidence at trial, and the Commonwealth has no breath number to rely on, which can make the criminal case harder to prove. Roadside field sobriety tests and portable breath tests are different: they are voluntary, and declining them does not trigger a suspension. If you already refused, a hearing to challenge the suspension must be requested within 15 days.

Should I refuse the breath test if I am stopped in Middlesex County?Criminal Defense Attorney Rory Munns2026-09-30T18:01:28-04:00

The license case starts at the station, before you ever see a judge. If your breath test result was 0.08 or higher, the RMV suspends your license for 30 days right away. If you refused the breath test, the suspension is 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. A conviction or 24D disposition in court brings its own license loss on top of that. Your lawyer can seek hardship relief where it is available and request a refusal hearing within 15 days.

What happens to my license after an OUI arrest in Middlesex County?Criminal Defense Attorney Rory Munns2026-09-30T18:01:23-04:00

Drivers under 21 face stricter rules. A breath result of 0.02 or higher brings a youth suspension from the RMV of 180 days for drivers 18 to 20 and one year for drivers under 18, even if no OUI is charged. In some cases that suspension can be shortened by completing a state-approved alcohol program. If you refuse the breath test, the refusal suspension is three years for a driver under 21. An OUI charge itself is prosecuted the same way as for an adult, with the same fines and license penalties. Because the consequences can affect school, work, and insurance, early legal advice matters.

What if I am under 21 and arrested for OUI in Middlesex County?Criminal Defense Attorney Rory Munns2026-09-30T18:01:37-04:00

A first offense OUI in Massachusetts carries a fine of $500 to $5,000, up to 2.5 years in the house of correction, and up to one year of license loss. Middlesex County courts apply the same state law as every other county. Many first offenders are eligible for a 24D disposition instead, which usually means probation, an alcohol education program, fees, and a license loss of 45 to 90 days, with the case continued without a finding. A 24D is not a conviction, but it counts as a prior offense for life if you are ever charged again. A dismissal or not guilty verdict avoids those consequences entirely.

What is the penalty for a first offense OUI in Middlesex County?Criminal Defense Attorney Rory Munns2026-09-30T18:01:26-04:00

Your case is usually heard in the District Court that covers the city or town where you were stopped. Middlesex County has twelve District Courts: Ayer, Cambridge (located in Medford), Concord, Framingham, Lowell, Malden, Marlborough, Natick, Newton, Somerville, Waltham, and Woburn. First and second offense OUI cases are normally arraigned and resolved in District Court. A felony OUI, such as a third or later offense, can be indicted and tried in Middlesex Superior Court, which sits in Woburn and Lowell. Your citation or bail paperwork will list the court and your arraignment date. Call Rory Munns at 401-573-2265 to review it.

Which court will hear my Middlesex County OUI case?Criminal Defense Attorney Rory Munns2026-09-30T18:01:19-04:00