Plymouth Rock Legal

MA DRUNK DRIVING PENALTIES

Massachusetts OUI/DUI Law - First Offense Penalties

  1. Jail: Not more than 2 1/2 years House of Correction
  2. Fine: $500-$5,000
  3. License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months

Alternative Disposition (1st Offense OUI)

  1. Plead to sufficient facts for a Continuance without a Finding (CWOF). It is similar to a guilty plea but does not constitute a conviction.
  2. Pay a variety of statutory fines and court fees (over $2500 in total) Unsupervised or supervised probation for usually one year.
  3. Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant.
  4. License suspended for 45 to 90 days
    (not including any penalty for breath test refusal)
  5. License suspension is 210 days for drivers under age 21.
  6. You are eligible for a hardship license within three business days, of the disposition in court and entry into the designated alcohol education program.

ASSESSING A FIRST OFFENSE

The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases. Of course, many cases are worthy of taking to trial, especially on a first offense because the penalty after trial on a guilty verdict is often similar to that of a plea. The only way to achieve a verdict of NOT GUILTY is through a trial. Only an experienced and tested trial attorney will be able to give you an informed assessment of your case.

Call or email Attorney Christopher F. Murray today at 508-746-4144 and info@plymouthrocklegal.com for your informative and FREE case consultation.

Massachusetts OUI Law - Second Offense Penalty

  1. Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years
  2. Fine: $600-$10,000
  3. License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won't be eligible for a hardship or full license restoration for at least 3 years total.)
  4. Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement.

Alternative Disposition (2nd Offense OUI)

  1. 2 years probation
  2. 14 day inpatient alcohol treatment  program paid for by the defendant (usually at Tewksbury)
  3. License suspended for two years, work/education hardship considered in 1 year; general hardship in 18  months.
  4. Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license).
  5. If your prior offense is over 10 years ago, you may be eligible for a 24D disposition under Commonwealth v. Cahill. This would call for the penalties usually associated with a first offender program.

ASSESSING A SECOND OFFENSE

A second offense OUI charge is one of the most difficult to assess. In some cases, the first offense is from a long time ago and the person's life has changed dramatically. The government still must charge it as a second offense under Melanie's Law. Under the alternative disposition, the defendant is offered an incentive to plead to the crime for a lesser punishment. It is very important to consult with an experienced and tested attorney to assess your case and give an honest opinion about your best interests.

Call or email Attorney Christopher F. Murray today at 508-746-4144 and info@plymouthrocklegal.com for your informative and FREE case consultation.

Massachusetts OUI/DWI Law - Third Offense Penalty

  1. Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status)
  2. May be served in a prison treatment program
  3. Fine $1,000-$15,000
  4. License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years
  5. Commonwealth may seize, keep, and/or sell your vehicle.

ASSESSING A THIRD OFFENSE:

Facing a third offense OUI charge means that you are looking at minimum of 150 days in jail and a considerable license loss. Like a second offense, the government must not only prove the new case, but also introduce evidence and documentation of the prior charges as well. Often times the old documents are not in order or flawed in some manner. Only an experienced and effective trial attorney is able to recognize these issues and give you proper advice.

Call or email Attorney Christopher F. Murray today at 508-746-4144 and info@plymouthrocklegal.com for your informative and FREE case consultation.