Plymouth DUI Attorney

Plymouth DUI Attorney2026-09-30T18:05:51-04:00

A Plymouth DUI attorney defends people charged with operating under the influence in Plymouth, Massachusetts and nearby towns, where OUI cases are heard at Plymouth District Court at 52 Obery 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 in southeastern Massachusetts and is licensed in Massachusetts and Rhode Island. Call 401-573-2265 for a free consultation.

Quick answer: An OUI arrest in Plymouth, Duxbury, Halifax, Hanson, Kingston, Marshfield, Pembroke, or Plympton is arraigned at Plymouth District Court and prosecuted by the Plymouth 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.

Arrested for OUI in Plymouth? Call 401-573-2265 for a free consultation with Rory Munns, available 24/7.

Plymouth DUI Attorney

Plymouth DUI Attorney

Plymouth's waterfront, downtown restaurants, and summer crowds bring plenty of traffic to Route 3, Route 44, and Route 3A, and local police and State Police watch those roads closely, especially on weekends and holidays. An OUI arrest after a night out starts two separate cases: a criminal case in court and a license case at the Registry of Motor Vehicles. The decisions made in the first two weeks affect both.

Where Plymouth OUI cases are heard

Plymouth District Court, in the Plymouth Trial Court building at 52 Obery Street, handles criminal cases from Plymouth, Duxbury, Halifax, Hanson, Kingston, Marshfield, Pembroke, and Plympton. Nearby Carver is covered by Wareham District Court. First and second offense OUI cases are normally arraigned and resolved in District Court. Felony OUI charges, such as a third or later offense, can be indicted and tried in Plymouth Superior Court. Prosecution is handled by the Plymouth County District Attorney's Office.

Penalties for OUI in Plymouth

  • 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.
  • Fourth and fifth offenses: felonies with longer mandatory terms and license losses of ten years to life.
  • Breath test refusal: 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.
  • Under 21: a result of 0.02 or higher brings a youth suspension of 180 days for drivers 18 to 20 and one year for drivers under 18.

See our Massachusetts DUI penalties page for the full breakdown.

Hardship Licenses

A hardship license lets some drivers get to work, school, or medical appointments during a suspension, usually during a fixed 12-hour window each day. Eligibility depends on the type of suspension, prior offenses, and how much of the suspension has been served. Some suspensions, including most breath test refusal suspensions, are not eligible. Second and later offenders who receive a hardship license must use an ignition interlock device.

7 Things to Know About a Plymouth OUI

  1. Your court depends on the town. Most arrests in the Plymouth area go to Plymouth District Court.
  2. There are two cases. The court case and the RMV license case run on separate tracks.
  3. The refusal deadline is 15 days. Missing it waives the hearing.
  4. Roadside tests are voluntary. Declining them does not trigger a suspension.
  5. A refusal is not evidence at trial. It carries a license penalty but generally cannot be used to prove guilt.
  6. Priors count for life. A 24D or conviction from any year counts on a new charge.
  7. Many cases can be won. Unlawful stops and breath test problems lead to suppression and dismissal.

How a Plymouth OUI Case Moves

  1. Arrest and breath test. Any RMV suspension begins at the station.
  2. Arraignment. The complaint is read at Plymouth 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 focuses his practice on OUI and criminal defense in southeastern Massachusetts. He reviews every case for dismissal grounds before recommending any plea, handles the RMV side of the license alongside the criminal case, and answers the phone day and night. His office is at 161 South Main Street in Fall River, and he is licensed in Massachusetts and Rhode Island. See our Mass DUI attorney page for how he approaches a case.

Related Reading

Charged with OUI in the Plymouth area? Rory Munns offers a free consultation, day or night. Call 401-573-2265.

Criminal Defense Attorney Rory Munns

161 S Main St
Fall River, MA 02721

Phone: 401-573-2265

Frequently Asked Questions

Can a Plymouth OUI charge be dismissed?

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 key evidence is excluded, or the prosecutor sees the weaknesses before a hearing, a case may be dismissed or reduced to a non-OUI charge. A dismissed case can later be sealed. The first step is obtaining the police report, the booking and cruiser video, and the breath test records, then reviewing them carefully.

Can a Plymouth OUI charge be dismissed?2026-09-30T18:06:10-04:00

Can I get a hardship license after a Plymouth OUI?

Sometimes. A hardship license allows limited driving, usually during a fixed 12-hour window each day, so you can get to work, school, or medical appointments. Eligibility depends on the type of suspension, your prior record, and how much of the suspension you have already served. First offenders who receive a 24D disposition are often eligible after completing part of the program requirements. Most breath test refusal suspensions are not eligible for a hardship license. Second and later offenders who are granted one must drive with an ignition interlock device. A lawyer can tell you whether and when you may qualify, and help prepare the application.

Can I get a hardship license after a Plymouth OUI?2026-09-30T18:06:00-04:00

Is a third or later OUI in Plymouth a felony?

Yes. In Massachusetts a third offense OUI is a felony with a sentence of 180 days to five years, including a mandatory minimum portion, and an eight-year license suspension. Fourth and fifth offenses carry longer mandatory terms and license losses of ten years to life. Massachusetts counts prior offenses for life, so a 24D or conviction from decades ago can raise the offense level. Felony OUI cases from the Plymouth area can be indicted and tried in Plymouth Superior Court. Examining whether each prior is valid and properly proven is often central to the defense, along with challenges to the stop, the arrest, and the tests.

Is a third or later OUI in Plymouth a felony?2026-09-30T18:06:08-04:00

What happens to my license after an OUI arrest in Plymouth?

The license case starts at the police station, before any court date. If your breath test result was 0.08 or higher, the RMV suspends your license for 30 days right away. If you refused the 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 hearing to challenge a refusal suspension must be requested within 15 days. A conviction or 24D disposition in court brings its own license loss, so the RMV side and the court side both need attention immediately.

What happens to my license after an OUI arrest in Plymouth?2026-09-30T18:05:58-04:00

What if I am under 21 and arrested for OUI in Plymouth?

Drivers under 21 face stricter rules in Massachusetts. 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 without an OUI charge. In some cases that suspension can be shortened by completing a state-approved alcohol program. A breath test refusal by a driver under 21 brings a three-year suspension. If an OUI is charged, the court case follows the same rules as for an adult. Because the consequences can affect school, jobs, and insurance, it is worth getting advice before the first court date.

What if I am under 21 and arrested for OUI in Plymouth?2026-09-30T18:06:05-04:00

What is the penalty for a first offense OUI in Plymouth?

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. Plymouth District Court applies the same state law as every other court. Many first offenders qualify for a 24D disposition instead, which usually means probation, an alcohol education program, fees, and 45 to 90 days of license loss, with the case continued without a finding. A 24D avoids a conviction but counts as a prior offense for life. A dismissal or not guilty verdict avoids those consequences entirely, so the evidence should be reviewed carefully before any plea is considered.

What is the penalty for a first offense OUI in Plymouth?2026-09-30T18:06:03-04:00

Which court handles an OUI arrest in Plymouth?

OUI arrests in Plymouth are heard at Plymouth District Court, located in the Plymouth Trial Court building at 52 Obery Street. The court also covers Duxbury, Halifax, Hanson, Kingston, Marshfield, Pembroke, and Plympton. Nearby Carver is covered by Wareham District Court instead. First and second offense cases are normally arraigned and resolved in District Court, and the Plymouth County District Attorney's Office prosecutes them. A felony OUI, such as a third or later offense, can be indicted in Plymouth Superior Court. Your citation or bail paperwork will list the court and arraignment date. Call Rory Munns at 401-573-2265 to review it.

Which court handles an OUI arrest in Plymouth?2026-09-30T18:05:56-04:00

Why hire Rory Munns for a Plymouth OUI?

Rory Munns focuses his practice on OUI and criminal defense in southeastern Massachusetts. He reviews every case for dismissal grounds before recommending any plea, requests the video and breath test records early, and handles the RMV side of the license, including hardship questions, alongside the court case. He is licensed in Massachusetts and Rhode Island and answers the phone day and night. His office is at 161 South Main Street in Fall River. The first consultation is free, so you can learn where you stand before making any decision about your case. Call 401-573-2265 to talk with Rory about your Plymouth OUI.

Why hire Rory Munns for a Plymouth OUI?2026-09-30T18:06:13-04:00
Go to Top