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The typical plea deal for those facing their first OUI charge in Massachusetts consists of the following terms:

  • CWOF, i.e., continuation without a finding,
  • 1 year probation,
  • 45 day loss of license,
  • driver alcohol or controlled substance abuse education program,
  • $250 assessment for apprehension, treatment, and rehab program,
  • $50 Victims of Drunk Driving Assessment,
  • $250 Head Injury Assessment.

Additional requirements may apply if the defendant is under 21 and/or the driver’s blood alcohol level reaches or exceeds .20%.

Defendants should also be aware of the travel restrictions that are applied to all OUI probation orders.

Some judges routinely waive the travel restriction. Others don’t. So it’s extremely important for you or your lawyer to ask the judge to expressly waive the condition restricting travel outside of Massachusetts. In the vast majority of cases, the judge will agree to waive the condition and the prosecutor will not challenge the request.