Why Hire Attorney John F. Dalsey to Defend Your OUI Charge?

Protect Your Rights. Preserve Your Future.

Being charged with Operating Under the Influence (OUI) can be one of the most stressful and life-altering experiences a person can face. The consequenc?es—license suspension, heavy fines, a criminal record, and even jail time—can affect your job, your reputation, and your freedom. That’s why choosing the right defense attorney is absolutely critical.

Attorney John F. Dalsey: Trusted. Tenacious. Experienced.

When your future is on the line, you need a seasoned advocate who knows the law, the courts, and how to fight for you. Attorney John F. Dalsey has earned a reputation for delivering strategic, aggressive, and results-driven defense in OUI cases  in Springfield, Westfield, Chicopee, Palmer, Eastern Hampshire, and Northampton District Courts.

Why Clients Choose John F. Dalsey:

• Proven Track Record
  With years of courtroom experience, Attorney Dalsey has successfully defended countless clients against OUI charges, often resulting in reduced penalties, case dismissals, or acquittals. He knows what it takes to win.
   
• Deep Understanding of OUI Law
  From field sobriety test protocols to breathalyzer accuracy, Attorney Dalsey understands the technical and legal nuances that can make or break an OUI case. He’s trained to spot errors, challenge evidence, and expose weaknesses in the prosecution’s case.
   
• Personalized Legal Strategy
  No two cases are alike. John F. Dalsey takes the time to understand the specifics of your case, your background, and your goals. He builds a defense tailored to you, not a one-size-fits-all approach.
   
• Responsive & Compassionate Service
  Attorney Dalsey knows how overwhelming the legal process can be. He’s accessible, communicative, and committed to keeping you informed and empowered at every step.
   
• Respected by Peers and Courts
  With a reputation for professionalism and integrity, Attorney Dalsey is respected by judges, prosecutors, and fellow attorneys—an advantage that often works in favor of his clients.
   

Don’t Wait. Time Is Critical.

The sooner you contact Attorney John F. Dalsey, the more options you may have for a favorable outcome. Whether this is your first offense or a repeat charge, your defense starts now.

📞 Call (413) 736-0100  Today for a Free Consultation

 In Massachusetts, Operating Under the Influence (OUI) offenses carry escalating penalties based on the number of prior convictions. Here's a concise overview:

• Jail Time: Up to 2.5 years in the House of Correction; however, incarceration is rare for first-time offenders without aggravating factors.
   
• Fines: $500–$5,000.
   
• License Suspension: 1 year; eligibility for a hardship license after 3 months.
   
• Alternative Disposition (24D Program):
   
  • Probation: 1 year.
     
  • Alcohol Education Program: Mandatory enrollment.
     
  • License Suspension: 45–90 days.
     
  • Fines and Fees: Approximately $1,000. 
  •  

• Jail Time: 60 days to 2.5 years; 30 days mandatory minimum.
   
• Fines: $600–$10,000.
   
• License Suspension: 2 years; hardship license considered after 1 year.
   
• Ignition Interlock Device (IID): Required for 2 years upon license reinstatement.
   
• Alternative Disposition:
   
  • Probation: 2 years.
     
  • 14-Day Inpatient Treatment: Mandatory.
  • 
    

• Jail Time: 150 days to 5 years; 150 days mandatory minimum.
   
• Fines: $1,000–$15,000.
   
• License Suspension: 8 years; hardship license considered after 2 years.
   
• IID: Mandatory upon reinstatement.
   

• Jail Time: 1 to 5 years; 1 year mandatory minimum.
   
• Fines: $1,500–$25,000.
   
• License Suspension: 10 years; hardship license considered after 5 years.
   
• Vehicle Forfeiture: Possible.
   

• Jail Time: 2 to 5 years; 2 years mandatory minimum.
   
• Fines: $2,000–$50,000.
   
• License Suspension: Lifetime revocation; no hardship license permitted.
   
• Vehicle Forfeiture: Likely. 
• 
  

Certain circumstances can lead to enhanced penalties:

• Child Endangerment: Driving under the influence with a child under 14 can result in additional fines and jail time.
   
• Serious Bodily Injury: Causing serious injury while operating under the influence can lead to extended imprisonment.
   
• High Blood Alcohol Content (BAC): A BAC of 0.20% or higher may result in harsher penalties.
   

Repeat offenders are required to install an IID in their vehicles at their own expense. This device prevents the vehicle from starting if it detects alcohol on the driver's breath. 

In Massachusetts, refusing a chemical test (such as a breathalyzer) after an arrest for Operating Under the Influence (OUI) leads to an immediate administrative suspension of your driver's license by the Registry of Motor Vehicles (RMV). This suspension is separate from any criminal penalties and occurs regardless of the outcome of your OUI case.

Number of Prior OUI OffensesSuspension PeriodNone180 daysOne3 yearsTwo5 yearsThree or moreLifetime 

Number of Prior OUI OffensesSuspension PeriodNone3 yearsOne3 yearsTwo5 yearsThree or moreLifetime 

Additionally, drivers under 21 may face a Youth Alcohol Program (YAP) suspension of 180 days (for ages 18–20) or 1 year (for under 18), which is served consecutively after the chemical test refusal suspension.

Upon refusal of a chemical test:

• Your driver's license or right to operate is immediately confiscated.
   
• You receive a written notice of suspension, effective immediately.
   
• Your vehicle is impounded for 12 hours.
   
• The RMV is notified within 24 hours.
• 
  

You have the right to appeal the suspension, but you must request a hearing within 15 days of the refusal. Hearings are conducted at the Boston (Haymarket) RMV Service Center. At the hearing, you can challenge the suspension on three grounds:

1. The officer lacked reasonable grounds to believe you were operating under the influence.
    
2. You were not placed under arrest.
    
3. You did not refuse the chemical test.
    

If your OUI charge results in a "Not Guilty" verdict or is dismissed, the chemical test refusal suspension remains in effect. To reinstate your license, you must file a motion with the court under Massachusetts General Laws Chapter 90, Section 24(1)(f)(1). The court will then decide whether to order the RMV to reinstate your license.

• Suspensions for chemical test refusal are administrative and separate from any criminal OUI penalties.
   
• For drivers under 21, the Youth Alcohol Program (YAP) suspension is mandatory and cannot be waived by the court.
   
• Commercial drivers may face additional consequences, including separate CDL suspensions, even if the refusal occurred in a non-commercial vehicle.
   

Given the complexity of these regulations and the potential for extended license suspensions, it is advisable to consult with a legal professional experienced in Massachusetts OUI laws to navigate the appeals process and explore options for license reinstatement.

 Massachusetts law distinguishes between negligent homicide and vehicular homicide, both of which involve causing the death of another person through unlawful or negligent operation of a vehicle.

Vehicular homicide occurs when a person operates a motor vehicle recklessly or negligently, and that conduct causes the death of another person.

• Felony Vehicular Homicide (Operating Under the Influence - OUI)
   
  • Death results from driving under the influence of drugs or alcohol and operating negligently or recklessly.
     
  • Penalties: Minimum 1-year jail (mandatory), up to 15 years in prison, fines, and license suspension.
     
• Misdemeanor Vehicular Homicide (Negligent Operation)
   
  • Death results from negligent (not reckless) operation of a motor vehicle, without being under the influence.
     
  • Penalties: Up to 2.5 years in jail and license suspension.
     

If a death is caused by wanton or reckless conduct, such as extreme disregard for the safety of others (e.g., excessive speeding, street racing), the defendant could be charged with involuntary manslaughter, a common law felony.

• Penalties: Up to 20 years in prison.
   

Massachusetts doesn’t have a specific statute for general “negligent homicide,” but such cases may be prosecuted as involuntary manslaughter if death results from criminal negligence.

• Negligence: Failure to use reasonable care under the circumstances.
   
• Recklessness: Conscious disregard of a substantial risk.