OUI (Second and Greater Offense)

If you are accused of a second offense OUI (DUI) in Massachusetts, this can be a very scary time. A 2nd offense charge is far more serious than a 1st offense, and I know you are worried about what this latest charge might mean for your future.

Whatever happened that lead to this charge, whether you are a victim of bad luck, are being unfairly accused, or feel you made a big mistake, you need experienced criminal defense lawyer on your side.

I’ve had clients who I thought were absolutely innocent of a 2nd offense drunk driving charge. And, I’ve also had clients who have made mistakes related to problems with alcohol.

We all make mistakes and while that’s no excuse, I know you are probably extremely remorseful about your actions that led to this latest charge. Whether you had a night out with friends or attended a dinner party—the charges are the same and so are the penalties. And now, the only thing you can do is face the problem, fix it as best you can with the minimum penalty possible, and get on with your life.

Let me help you get through this drunk driving charge. While it is serious, it isn’t the end of the world, and I can help you fix it and move on.

Massachusetts 2^nd Offense OUI Penalties

If this is your second OUI charge, even if you were granted a CWOF on the first offense, you could face the following maximum penalties:

• 60 days to 2 ½ years in jail
• Fines reaching $10,000
• Up to 3 years driver’s license suspension and
• an Ignition Interlock Device when you regain some driving privileges

Depending on the circumstances of your case, we may be able to get you the alternative disposition of:

• 2 weeks inpatient alcohol treatment
• 2 years probation
• fines
• Up to 3 years license suspension with an Ignition Interlock device installed when you regain driving privileges.

Should I Fight my Second Offense OUI Charge in Court?

That is the most common question people ask when they find themselves facing a drunk driving charge for a second time – should I go to trial?

1. Can I win the case?
2. What happens if I lose?

These answers are complicated, and can vary widely depending on the key facts of your case.  But OUI charges, even 2nd offenses, are definitely winnable. In fact, winning an OUI trial is no harder if it is a second offense than if it was a first offense.

And the reasons for fighting it often make more sense.

• If you plead guilty, your license is suspended for up 3 years.
• There is no hardship license opportunity.
• Even if you lose at trial and a jury finds you guilty, you may not be any worse off then if you pleaded to the charge up front.

Every client must make a risk vs. rewards judgment. And I can help you go through the pros and cons of this decision, with a realistic analysis of how likely I think it is that we can win your case.

The obvious upside to winning is that you are not guilty, and face no penalty. And that is a big deal that many people are willing to take a chance on.

Massachusetts 3^rd Offense OUI Penalties

By the time you are at your 3^rd offense DUI, the court will have little sympathy. You will be facing serious repercussions and little chance at alternative dispositions. The following potential penalties apply for your third offense:

• 180 days to 5 years in jail/prison. You will be required to serve at least 5 months in jail, period.
• Fines reaching $15,000
• 8 year license suspension with hardship license option after 2 years
• Potential seizure and sale of your vehicle.

MA 4^th Offense OUI Penalties

You’ve been convicted of 3 DUIs and now you’re facing another charge. This time, the DUI is a felony and the penalties are very severe:

• 2-5 years in prison, with a 1 year mandatory jail sentence
• Fines reaching $25,000
• 10 years license suspension with hardship license available after 8 years.

5^th and Subsequent OUI Penalties

Once you are at your fifth DUI case, the courts will be assuming the worst of you. Now more than ever, you need someone acting on your defense who has handled cases like this before, someone like me. For your 5^th OUI you will face the following penalties.

• 2 ½-5 years in prison, with a mandatory 2 years served
• Fines reaching $50,000
• Permanent license revocation

Ref: MGL §90-24

Being charged with a multiple offense OUI can be a life changing event. The potential for life altering punishments increases with each conviction. When you are facing a DUI charge and this isn’t your first time around the block—you need an experienced OUI attorney.

Contact me today for a free consultation on your case and some valuable legal advice. I can let you know what your potential sentence could be and how we can work together to get the best results possible in court.

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