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

3rd Offense
Failed Breath Test .13
Jury: Not Guilty in 5 Minutes

Call Tom:

Tom's Case

Joe scrutinized the booking video and advised that we try to get my breath test thrown out. He convinced the judge there were several reasons the breath test was done incorrectly and the judge agreed. That gave us at least a fighting chance. At trial, the police lieutenant said he saw a car like mine driving the wrong way, completely over the centerline. Joe asked if he could tell the jury he was "absolutely 100% sure" I was driving. He admitted he couldn't. Joe was prepared and cross-examined every point.

'After watching Joe, my daughter decided to go to law school.
He saved my license, my job and my life.'

Westborough District Court

More Clients You Can Call
Whose 3rd OUI Cases We Have Won:


MRS. B 339-203-9162

My husband faced his 3rd OUI, a felony. A conviction would have devastated our family and two young girls. It would mean a 13-year license loss, mandatory jail, and the loss of my husband's job. When we spoke to Joe, we had a glimmer of hope which grew when we saw him in action. The officer saw my husband cross the fog line [the line on the right side of the road], once and once only. He then followed him for 1 1/2 miles with no further infractions and arrested him in our driveway.

Joe filed and argued a motion to suppress the stop of the car and all evidence seized afterwards. He presented several federal and state cases in support to the judge. The judge threw the case out and overturned his five-year license loss.

'Had we chosen any other lawyer I doubt things would've worked out this well'.

Malden District Court

May 6, 2019




DAN 781-571-9378

Because I refused the breath test, my license was suspended for 5 years. Joe helped my appeal that suspension before the 15-day deadline. After the RMV denied my appeal, we convinced a judge to overrule the RMV and order the immediate reinstatement of my license. Then I was able to drive legally for more than a year while we worked toward trial.

At trial, the officer said I drove over the line twice. He also said I had bloodshot, glassy eyes, there was a "strong" odor of alcohol, that I was unsteady on my feet and failed the roadside sobriety tests. Joe argued this was all at 3:15AM in freezing, 27 degree weather. He also pointed out that the officer never wrote in his report that I had any slurred speech.

"Joe was professional, thorough and hit every point.
He's highly experienced and everybody knew it."

Woburn District Court



SCOTT 978-899-1523

I saw this was the only law firm that lets you call former clients. I saw he won HIllary's 2nd OUI case in my court so I called her. She told me it was incredible how well attorney Waldbaum handled her case and got her license back. I couldn't believe it when I watched him get my breath test thrown out after a hearing. At jury trial, he actually made the cop look sick on the witness stand. He saved me from a mandatory jail sentence and an eight-year loss of license and kept my job.

'Hiring him was the best decision I ever made.'

Woburn District Court 2018



MITCH 781-929-9509
On his very first day in court Joe reduced my bail by $3000 and came prepared with a written motion to the Haverhill police department to order them to preserve my booking video. Next he convinced a judge to overturn my 5 year suspension for refusing the breath test. Now I was driving legally again awaiting trial. At trial, he argued that I looked so good on the video I never would have told the cop I was drunk. The jury asked to see the video a second time then acquitted me three minutes later. He saved me from a felony conviction, mandatory jail and 13 years with no license.

'He saved my job of 33 years and my pension.'

Haverhill District Court
Newburyport District Court trial 2018



FRANK 508-244-0919

60 year old client had two OUIs from 25 and 30 years ago but In MA they count forever so he was charged with a felony 3rd offense. When DA's office refused to reduce the charge we chose trial. We had to fight to get the booking video from the police. But at trial I argued his otherwise normal walking, speech and appearance on the video disputed the officer's testimony that he failed all the field tests.

'James and Joseph are absolutely awesome professionals. I love them both.'

Framingham District Court 2017


The Massachusetts OUI law is M.G.L. c. 90 sec. 24.
A third OUI offense in Massachusetts is a felony, not a misdemeanor.

WARNING:Don't go to court alone!

If your last OUI is within 10 years,
the DA can ask you be held without bail for 90 days when you go to court.

A 3rd OUI offense carries the following potential penalties

  • Jail in a house of correction of six months mandatory minimum up to 2.5 years
  • License loss of eight to thirteen years
  • Fines up to $15,000
  • Mandatory alcohol treatment program
  • At least 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 device) after a third OUI conviction results in a mandatory minimum six months jail sentence and additional ten-year loss of license

There is no “alternative sentence.” A conviction mandates at least a six month jail sentence.