NOT GUILTY: OUI Second Offense Exposed as Circumstantial — Client Acquitted, License Reinstated After 3-Year Suspension

NOT GUILTY: OUI Second Offense Exposed as Circumstantial — Client Acquitted, License Reinstated After 3-Year Suspension

Yesterday, on Friday, July 24, 2026, Attorney Michael Murray secured a NOT GUILTY verdict after trial in Commonwealth v. Defendant, Docket No. 2567 CR 1224, on a charge of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI), Second Offense.

This was not just an acquittal — it was a complete restoration of my client’s life.

Immediately following the judgement, I filed a Motion to Reinstate my client’s driver’s license, which had been suspended for THREE YEARS pending trial. The motion was granted on the spot. My client walked out of the courthouse not only cleared of all charges, but with their license fully restored.

The Stakes: OUI Second Offense Is No Minor Charge

In Massachusetts, an OUI second offense carries severe mandatory penalties upon conviction:

  • Minimum 60 days in jail (up to 2.5 years)
  • 2-year license suspension (+3 for Chemical Test Refusal (CTR))
  • Mandatory installation of an ignition interlock device
  • Fines up to $10,000
  • Mandatory two-week inpatient alcohol education program

My client faced all of this — plus had already lost their license for three years while awaiting trial. The pressure to plead guilty and ‘get it over with’ is immense in these situations. But my client trusted the process, and that trust was rewarded.

The Stop: Speeding and Marked Lanes Violation

A local police officer stopped my client for speeding and a marked lanes violation. From there, the situation escalated — but not because of any failed tests.

My client refused all field sobriety tests and the breathalyzer. Every single one.

The Arrest: Circumstantial Observations Only

Without any test results, the officer arrested my client based solely on subjective observations:

  • An odor of alcohol
  • Glassy eyes
  • Slightly slurred speech

These observations may sound incriminating to a jury — but they do not prove impairment beyond a reasonable doubt.

The Defense: Reasonable Doubt in Every Observation

At trial, I cross-examined the police officer on the inherently circumstantial nature of each observation. The officer provided fair and honest testimony.

An odor of alcohol proves someone consumed alcohol — not that they are impaired. Glassy eyes can result from fatigue, allergies, contacts, or countless other factors. ‘Slightly slurred speech’ is entirely subjective and depends on the listener’s perception and baseline knowledge of the speaker.

I argued that this case, built on so little concrete evidence, was replete with reasonable doubt. The court agreed.

NOT GUILTY

After trial, my client was found NOT GUILTY of OUI Second Offense. No conviction. No jail time. No criminal record for this charge.

The Reinstatement: License Restored Immediately

But we weren’t done. My client had been without a driver’s license while this case was pending and faced a three-year suspension for a Chemical Test Refusal (CTR). Three years of depending on others for rides. Three years of limited employment opportunities. Three years of waiting.

In Massachusetts “…there [is] be a rebuttable presumption that said license be restored unless the Commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety.  In all such instances, the Court shall issue written findings of fact with its decision.

M.G.L. c. 90, §24(f)(1)(iii).

Immediately after the verdict, I filed a Motion to Reinstate based on M.G.L. c. 90, §24(f)(1)(iii). The court granted our Motion.

My client walked out of the courthouse with their freedom AND their license.

Why This Case Matters

OUI second offense cases carry tremendous pressure to plead guilty. Prosecutors know the stakes are high and often push for plea deals. Many defendants, worn down by years of license suspension and the threat of jail time, give in.

But if the Commonwealth’s case is built on circumstantial evidence — and you refuse all tests — there may be far more reasonable doubt than you realize.

A skilled Massachusetts OUI second offense attorney knows how to expose that doubt, challenge the Commonwealth’s evidence, and fight for an acquittal.

Facing OUI Second Offense Charges in Massachusetts?

If you have been charged with OUI second offense, do not assume conviction is inevitable. Contact Attorney Michael Murray for a free consultation to discuss your defense options.

Call (508) 393-4162 or visit mpmdefense.com.