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Massachusetts Second Offense OUI
- OUI second offense—when 1st offense is within 10 years and you refused the breath test, you will likely have to win the case to avoid the 3 year breath test refusal suspension.
- OUI second offense when the 1st offense is outside 10 years gives you the opportunity to get your license back sooner with what is called the Cahill Disposition.
- Massachusetts OUI law counts prior DUI convictions from Massachusetts or other states regardless of how long ago the offense occurred.
A second offense OUI in Massachusetts involves heightened potential penalties in terms of license loss and the potential for jail time. While a first offense involves a slim chance of a court imposing jail time, it is more difficult to predict on a second offense.
SECOND OFFENSE PENALTIES UPON CONVICTION | |
2 year license loss. | Requirement to install an ingition interlock device as a condition of reinstating your license. |
Possible jail time, though many judges will impose an alternative sentence. | Completion of a 14 day in-patient program. |
Q. WHAT IS A SECOND CHANCE 1st OFFENSE?
When the court treats a 2nd offense OUI as a first offense OUI, because the 2 offenses happened 10 years or more apart. You are eligible for a shorter license loss. You will have to install the ignition interlock in your car for two years if you took a breath test or five years if you refused a breath test.
If a second offense occurred more than ten years after the first offense, there is a possibility that a motorist can avoid the 14 day in-patient program and two year loss of license if the court treats the second offense as a first offense and imposes the first offender 24D disposition. If the court treats the second offense OUI as a first offense OUI, sometimes referred to as a second chance first offense, then a motorist will be eligible to get a hardship license immediately with the additional requirement of installation of the ignition interlock device.
WHAT IF THE DISTRICT ATTORNEY DOES NOT KNOW ABOUT AN OUT-OF- STATE CONVICTION?Attorney DelSignore discusses the penalties of a Second Offense OUI
In some cases a motorist is charged with a first offense, even through the motorist has a prior out- of-state DUI conviction that the district attorney did not pick up on. In those cases, the Registry will generally have notice of the prior DUI conviction. If a motorist resolves the case with a first offender disposition, the registry will impose the second offense license consequences.
Accordingly, if you have any prior DUI offenses, the license consequences will be governed by your lifetime history of DUI convictions in Massachusetts and in all other states. Given the license consequences and restrictive probationary conditions, often the best approach is to contest the matter at trial. A jury will not know that your have a prior offense as that information is inadmissible at trial.
Defenses to a Second offense OUI, include but are not limited to the following:
- Contesting claims of erratic driving, sometimes a view of the roadway does not confirm the officer’s description in the police report;
- Challenging the officer’s opinion that field sobriety tests show you were under the influence of alcohol.
- Excluding any breathalyzer evidence from trial.
- Filing a motion to suppress to contest the basis of the stop; this tactics worked in a recent OUI second Offense from Worcester County, where the entire case was dismissed as a result of the failure of the Commonwealth to prove that the alleged caller accurately identified the defendant as the alleged erratic driver reported to be all over the road.
A Second offense can result in jail time. Many judges will impose an alternative disposition even after trial on a second offense OUI in Massachusetts. Under the alternative disposition, a defendant would receive a suspended jail sentence with the requirement that the motorist complete the 14-day in-patient program. If a judge refused to impose the alternative disposition the jail sentence can be a maximum of 2.5 years in the house of correction, but would likely be in the sixty to ninety day range, but could be longer depending on the severity of the offense.
What to do NextA Second Offense OUI charge is an offense that Attorney DelSignore routinely defends in courts throughout Massachusetts.
You can call him directly at 781-686-5924 to discuss your case.
Recommended Pages You can check out the following pages for further information on second offense OUI charges.- What is a Cahill Disposition in a 2nd Offense Massachusetts OUI Charge?
- What are the Second Offense OUI License Consequences in Massachusetts?
At DelSignore Law, we have many reviews and case results for second offense OUI charges. We get many referrals from other lawyers who know that we have a reputation for successfully defending OUI cases in Court.
