Joseph Waldbaum, Esq. Massachusetts Drunk Driving Defense
OUI - DUI - DWI Cases Only
James Dunn, Esq.
Consult 24/7
(978) 921-4100
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OUI Second Offense Wins

'Supremely Professional & Organized'
Not Guilty 2nd OUI

Call Damian:

Damian's Case

Damian admitted to drinking 4 beers. His eyes were bloodshot and glassy. Despite 2 attempts, he couldn't stand on one leg for more than five seconds. I elicited testimony from the officer that he showed nothing wrong with his fine motor skills while producing his documents, Also that he was able to exit the car and walk without any signs of intoxication. Though past midnight, the cop never asked if he'd worked all day or slept the night before. Once the jury found him not guilty I convinced the judge to sign an order lifting the three year refusal suspension.

'Joe was supremely prepared, professional and organized.'

Marlborough District Court



TIM 774-417-3068

Two troopers saw me accidentally drive into a snow bank. They wrote in their reports that my eyes were bloodshot and glassy and that they had to ask me three times for my drivers license. I couldn't stand in the difficult heel to toe position during the nine step test. They arrested me and charged me with second offense drunk driving, negligent driving, and an open container of alcohol. On the first trial date neither trooper showed up. On the second trial date when neither of them showed, Joe immediately brought a motion to dismiss all charges. The judge agreed. Joe then asked for an immediate hearing to restore my license. The judge did so and overturned my three-year refusal suspension.

Fall River District Court

March 7, 2019



JOSE 617-308-7811

Cop found Jose asleep in his car facing wrong way on a 1-way street. He couldn't find his license for 3 minutes. Then he failed the one leg stand and 9-step walk and turn tests. We immediately filed a motion to preserve the booking video.

At trial, I convinced the judge the extremely cold weather [cop's pen stopped working!] and the lateness of the hour explained his performance at roadside. Plus, his good appearance on the booking video created reasonable doubt. The judge found him not guilty and lifted the three year refusal suspension so he's driving again and kept his job.

'Joe and James are two incredible attorneys.'

Somerville District Court, 2018



ED 978-491-0409
When I got arrested for my 2nd OUI, I was still on probation for my 1st. I was also charged with two other serious criminal charges: driving outside the hours restriction on my hardship license and negligent operation. Joe clearly knows this area of law. He also knew all the players at court, including the DA and the Judge. Incredibly, he won a not guilty for all the charges. Then, although I had a 3-year suspension, he convinced the judge restore my license immediately.

'I'd trust everything he says. He never led me astray.'

Dudley District Court
East Brookfield District Court trial



DARIN 774-232-4990
Joe blew me away. He is quick, smart, and fast. He won a motion to throw out two incriminating statements I made to the police. That helped us win a not guilty at trial even though the cop said I failed all the roadside tests. That win prevented the loss of my job - good thing because my wife was pregnant.

'I couldn't recommend him more highly.'

Westborough District Court


The Massachusetts OUI law is M.G.L. c. 90 sec. 24.

A second offense carries the following potential penalties

  • Jail in a house of correction up to 2.5 years
  • License loss of up to five years
  • Fines up to $10,000
  • Mandatory alcohol treatment program
  • Two years of probation
  • Mandatory installation of a breathalyzer (ignition interlock device) in all vehicles you own, operate or control
  • Driving a vehicle without a breathalyzer (interlock) after a second OUI conviction results in a mandatory minimum six months jail sentence and additional ten-year loss of license


A common alternative sentence to avid jail results in a suspend jail sentence of 60 days to 2.5 years (meaning you don’t have to go to jail if you complete probation successfully), two wee4ks in an inpatient alcohol treatment program in Tewksbury state hospital for which you must pay $1400). At least one year of weekly aftercare meetings at $40/per meeting.


If you complete the treatment program successfully and are otherwise in compliance with probation, you are eligible to apply for a 12-hour hardship license one year before your suspension expires.