New Bedford DUI Attorney

New Bedford DUI AttorneyCriminal Defense Attorney Rory Munns2026-09-30T18:02:55-04:00

A New Bedford DUI attorney defends people charged with operating under the influence in New Bedford and the surrounding South Coast towns, where most OUI cases are heard at New Bedford District Court at 75 North Sixth Street. A first offense carries a $500 to $5,000 fine, up to 2.5 years in jail, and up to a year of license loss, and every OUI counts as a prior for life. Rory Munns of Mass DUI Guy defends OUI cases from his Fall River office and is licensed in Massachusetts and Rhode Island. Call 401-573-2265 for a free consultation.

Quick answer: An OUI arrest in New Bedford, Acushnet, Dartmouth, or Fairhaven is usually arraigned at New Bedford District Court and prosecuted by the Bristol County District Attorney. A failed breath test brings an immediate 30-day RMV suspension, and a refusal brings at least 180 days, with a hearing that must be requested within 15 days. Most first offenses end in dismissal, a 24D disposition, or trial. Second offenses carry mandatory jail, and a third offense is a felony that can be indicted in Bristol Superior Court.

New Bedford's downtown, the waterfront, and the restaurants and bars from Clarks Cove to Route 6 draw crowds every weekend, and police in New Bedford and the neighboring towns watch the roads closely, especially on Route 18, Route 140, and Interstate 195. An OUI arrest after a night out starts two cases at once: a criminal case in court and a license case at the Registry of Motor Vehicles. What you do in the first two weeks affects both.

Where New Bedford OUI cases are heard

New Bedford District Court, at 75 North Sixth Street, handles OUI cases from New Bedford, Acushnet, Dartmouth, Fairhaven, and parts of the surrounding area. First and second offense OUI cases are normally arraigned and resolved there. Felony OUI charges, such as a third or later offense or an OUI causing serious bodily injury, can be indicted and tried in Bristol Superior Court, which sits in New Bedford, Fall River, and Taunton. Rory Munns handles OUI matters at both levels.

Penalties for OUI in New Bedford

• 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 qualify for a 24D disposition with 45 to 90 days of license loss instead of a conviction.
• Second offense: $600 to $10,000 fine, mandatory jail, a two-year license suspension, and an ignition interlock.
• Third offense: a felony with 180 days to five years and an eight-year license suspension.
• Child in the car: an OUI with a child 14 or younger in the vehicle brings a separate child endangerment charge.

See our Massachusetts DUI penalties page for the full breakdown.

Breath Test Refusal and the RMV Hearing

Refusing the breath test at the station triggers an RMV suspension that is separate from the criminal case: 180 days for a first refusal by a driver 21 or older, three years for a driver under 21 or with one prior OUI, five years with two priors, and life with three or more. You can challenge the suspension at an RMV hearing, but it must be requested within 15 days. The hearing is limited to whether there were reasonable grounds, whether you were arrested, and whether you actually refused. The refusal generally cannot be used against you at trial. See our Mass breathalyzer refusal page.

How a New Bedford OUI Is Defended

The stop

Police need reasonable suspicion of a violation or crime to stop a car. A stop based on a hunch, a minor lane touch the video does not show, or a vague anonymous tip may not meet that standard, and a successful challenge excludes everything that followed.

Field sobriety tests

Roadside tests are voluntary and were designed for flat, dry, well-lit surfaces. Tests given on a sloped shoulder, in rain, at night, or to someone with an injury are unreliable, and cruiser video often shows conditions the report leaves out.

The breath test

Breath test devices must be certified and properly maintained, the operator must be certified, you must be observed before the test, and two samples must agree within 0.02. Calibration records, operator certifications, and the booking video are reviewed in every case.

Negotiation

When the evidence is strong, a well-prepared case can still lead to a reduction to a non-OUI charge or a 24D disposition that protects your record and your license as much as possible.

7 Things to Know About a New Bedford OUI

1. There are two cases. The court case and the RMV license case run on separate tracks.
2. The refusal deadline is 15 days. Missing it waives the hearing.
3. Roadside tests are voluntary. Declining them does not trigger a suspension.
4. Checkpoints have rules. A sobriety checkpoint must follow a written plan. See our New Bedford DUI checkpoint page.
5. Priors count for life. A 24D or conviction from any year counts on a new charge.
6. Under 21 means 0.02. Younger drivers face a youth suspension at a much lower level.
7. Many cases can be won. Unlawful stops and breath test problems lead to suppression and dismissal.

How a New Bedford OUI Case Moves

1. Arrest and breath test. Any RMV suspension begins at the station.
2. Arraignment. The complaint is read at New Bedford District Court and release conditions are set.
3. Discovery. The report, booking and cruiser video, and breath test records are obtained.
4. Motions. The stop, the arrest, the tests, and any statements are challenged.
5. Resolution. Dismissal, a 24D disposition, a reduction, or trial.
6. Reinstatement. Program completion and RMV reinstatement, with an interlock when required.

Why Hire Rory Munns

Rory Munns practices in the Bristol County courts every week from his office at 161 South Main Street in Fall River, a short drive from New Bedford District Court. He reviews every OUI case for dismissal grounds before recommending a plea, handles the RMV side of the license alongside the criminal case, and answers the phone day and night. He is licensed in Massachusetts and Rhode Island, which matters for the many Rhode Island drivers stopped on the South Coast.

Related Reading

• Mass DUI Attorney
• Bristol County DUI Lawyer
• New Bedford DUI Checkpoint Lawyer
• New Bedford Criminal Defense Lawyer
• Mass Breathalyzer Refusal Attorney
• Massachusetts DUI Laws