OUI Third Offense (and Greater)

A Massachusetts 3rd Offense OUI charge (or greater) is a felony offense with mandatory jail time for any conviction.

Criminal Charge in Massachusetts? Call Attorney Russell Matson at (781) 817-6332.
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Massachusetts 3rd Offense OUI Penalties

If you are accused of a 3rd offense DUI, the court will not be inclined t cut you any deals (if they can prove the prior offenses). You will be facing serious repercussions and little chance at alternative dispositions. The following potential penalties apply for a third offense if convicted:

  • 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.

We fight a lot of these cases, and again, they are winnable. If you didn’t take a breath test, I win most cases I fight at trial.

And by law, a jury will never know it’s a third offense charge, since that would be incredibly prejudicial. They also won’t know that you refused to take a breath test. The Massachusetts Supreme Court has ruled that refusal is your right, and it can’t be held against you by a jury, since they won’t know about it. The Mass courts are very good on these issues. After all, a jury that knew that’d you wouldn’t take a breath test, and had 2 prior convictions might be strongly inclined to convict you just on those facts along. Fortunately, they won’t know either one of them.

So each arrest incident will stand and fall on its own merits. And there is very often a lot we can do to win the case.

We can also find a way to knock the charge down to a 2nd offense for a plea deal for some clients, which can be a very good outcome. Taking mandatory jail time off the table is a big win.

MA 4th 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.

We almost always fight these at trial. A jury DOES NOT know that you had any prior offenses, so they are simply going to determine guilt based on the facts of this incident.

So again, these cases are winnable in front of a jury.

5th and Subsequent OUI Penalties

Once you are facing a 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 5th 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 through the court system, you need an experienced OUI attorney.

I have represented dozens and dozens of multiple offenses cases, so I know how they are done, and how to win.

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.

I have been fighting DUI charges in court for nearly 20 years and have a really great record of success. Please call me today to find out what I can do to help you.

(781) 817-6332

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