People charged with a second or subsequent OUI in Massachusetts face steeply increasing penalties. Some lawyers in Massachusetts tout to potential clients their ability to obtain pleas to a first offense for those charged with a second, or to a second offense for those charged with a third. While that may be entirely possible and such an outcome may be the product of good negotiation and litigation, many clients are not told that such a success may not translate into a shorter license suspension.
When a person is convicted of, pleads guilty to or admits to sufficient facts for an OUI, that conviction is reported to the Registry of Motor Vehicles. Regardless of the penalty imposed by the court, the Registry will impose its own suspension. Whether the court calls it a first offense or a third, the Registry will simply count the number of convictions, in Massachusetts and in other states, and impose the suspension that corresponds to that number offense.
Even if this is your first-time DUI/DWI, a conviction could lead to two and a half years in jail.
Realistically though, if you are convicted of your OUI first offense, you are more likely to get a year of probation. You'll also have to deal with driver's license suspension, court fees, fines and alcohol counseling classes. You'll have a criminal record.
People charged with a second or subsequent OUI in Massachusetts face steeply increasing penalties. Some lawyers in Massachusetts tout to potential clients their ability to obtain pleas to a first offense for those charged with a second, or to a second offense for those charged with a third. While that may be entirely possible and such an outcome may be the product of good negotiation and litigation, many clients are not told that such a success may not translate into a shorter license suspension.
When a person is convicted of, pleads guilty to or admits to sufficient facts for an OUI, that conviction is reported to the Registry of Motor Vehicles. Regardless of the penalty imposed by the court, the Registry will impose its own suspension. Whether the court calls it a first offense or a third, the Registry will simply count the number of convictions, in Massachusetts and in other states, and impose the suspension that corresponds to that number offense.
Even if this is your first-time DUI/DWI, a conviction could lead to two and a half years in jail.
Realistically though, if you are convicted of your OUI first offense, you are more likely to get a year of probation. You'll also have to deal with driver's license suspension, court fees, fines and alcohol counseling classes. You'll have a criminal record.
Massachusetts Penalty Chart
Massachusetts OUI penalties are set out in Massachusetts General Laws Chapter 90 Section 24 and Massachusetts General Laws Chapter 90 Section 24D. The latter section is referred to as the alternative or "24D" disposition. Penalties for convictions of DUI in Massachusetts are as follows
Massachusetts OUI penalties are set out in Massachusetts General Laws Chapter 90 Section 24 and Massachusetts General Laws Chapter 90 Section 24D. The latter section is referred to as the alternative or "24D" disposition. Penalties for convictions of DUI in Massachusetts are as follows:
1. First Offense OUI
a. Jail Sentence for up to 2 1/2 years;
b. Fine of five hundred dollars to five thousand dollars;
c. Two hundred fifty dollar head injury fee;
d. Fifty dollar victim fee;
e. Sixty five dollar per month probation supervision fee;
f. License suspension for 1 year (hardship license considered in three months).
Alternative "24D" Disposition
g. Probation for up to two years;
h. Alcohol education program;
i. Forty five day loss of license;
j. Two hundred fifty dollar head injury fee;
k. Fifty dollar OUI fee;
l. Two hundred fifty 24D fee;
m. Sixty five dollar per month probation supervision fee.
2. Second Offense OUI
a. Sixty day house of correction sentence, thirty days mandatory and up to 2 1/2; years;
b. Fine of six hundred dollars to ten thousand dollars;
c. Two hundred dollar head injury assessment fee;
d. Two year loss of license (hardship considered after one year)
e. Additional court fines and fees
3. Third Offense OUI
a. 180 days in the house of correction, 150 days is mandatory, and up to five years in prison. Third offenses are felonies in Massachusetts.
b. Fine of one thousand dollars to fifteen thousand dollars;
c. Two hundred fifty dollar head injury fee;
d. Eight year loss of license (hardship considered after four years);
e. Additional court fines and fees
4. Fourth Offense OUI
a. Incarceration of two years, one year mandatory and up to five years;
b. Fine of one thousand five hundred dollars to twenty five thousand dollars;
c. Two hundred fifty dollar head injury fee;
d. Ten year loss of license (hardship considered after five years);
e. Additional court fines and fees
5. Fifth Offense OUI
a. Incarceration for two and one half years, two years mandatory and up to five years;
b. Fine of two thousand dollars to fifty thousand dollars;
c. Two hundred fifty dollar head injury fee;
d. Lifetime loss of license, no hardship
If you have been charged with OUI in Massachusetts you need to call an experienced Massachusetts drunk driving lawyer. Our office can be reached by calling 978-914-6314 day, 7 days per week.
The Breath Test Is Just a Machine
Machines are not perfect. They can malfunction. They can fall into disrepair.
More importantly, a human being operates them. Human beings have unlimited opportunities to make mistakes. In terms of using breath tests, they can forget to have the machine calibrated properly. They can fail to correctly record the results. In some cases, they may not have even received the right training to use the machine in the first place.
There Are Other Factors to Consider
Like field sobriety tests, breath tests are weak because they assume that every human body is exactly the same. In reality, there are many individual factors that can affect the results of a breath test, such as medical conditions.
Our law firm brings in scientific experts to challenge the accuracy of breath test results. We know the steps to take to build strong cases designed to win OUI cases.
If You Have Been Arrested