What are the Second Offense OUI License Consequences in Massachusetts?

Massachusetts Second Offense OUI license consequences can be very confusing. Attorney DelSignore is very familiar with OUI second offense license penalties and will gladly explain them to you and your family.

The license consequences for a second offense OUI in Massachusetts are very strict; the best way to avoid these stringent penalties is to take the case to try and be found not guilty.

Below is a detailed explanation of the license loss for Second Offense OUI. At DelSignore Law, we tell our clients that sometimes the best decision is to contest the case at trial; here are a few things that make for a good defense at trial:

• Lack of significant bad driving;
• No alcohol in the car;
• When you are polite and cooperative with the police;
• No major admission to alcohol consumption, admission to 3 or fewer drinks or beers.
• Minor deviations on the field sobriety tests—you did not stumble, stagger or fall on the field sobriety tests.

License Loss for Second Offense OUI

The Registry of Motor Vehicles often issues very serious consequences for a second offense OUI in Massachusetts. This may depend on whether or not you took the breath test, see below the diagram for further explanation of how your breath test could affect the consequences of a conviction.

What are the consequences of a second offense OUI?  Yes, I took the breath test.

• If you took a breath test and failed, you will face a 30 day license loss, after the 30 days you can get your license reinstated. You will be eligible for a hardship license after completing one year of that suspension. See side box for more details on hardship eligibility.
• If you are convicted of an OUI offense, you face a 2 year license loss with the requirement that you install the ignition interlock on your vehicle prior to reinstating your license. You will also have to complete a 14 day in patient program as well as an aftercare program.

No, I refused the breath test.

• Since the refusal itself carries a three year license loss, if you are convicted, you would face an additional two year license loss, meaning that the total potential license loss would be five years.
• If convicted of a Second Offense OUI and you refused the breath test AND the two OUI offenses are within 10 years, you would face a total of a Five year license loss.
• After 4 years you would be eligible for a hardship license. The only exception to these severe license consequences for a second offense is when the two offenses are more than 10 years apart, in that case you are eligible for a special disposition called the “second chance first offender” or the “Cahill disposition” where you would be eligible to be treated as a first time offender. However to get your license reinstated you would still need to install the ignition interlock device.

A not guilty verdict would avoid any license loss for an OUI and it could also result in your license being reinstated on a breath test refusal.

There is a presumption that your license would be reinstated after a not guilty verdict on an OUI charge, but it is important to note that is not always the situation.

The best way to avoid the license consequences are if you select an OUI attorney that is capable of taking your case to trial and obtaining a not guilty verdict. If you have any questions about the consequences following a second offense OUI in Massachusetts, feel free to contact me by call or text at me at either of these numbers, 781-686-5924 or 508-455-4755.

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