Arrested and charged with third OUI?

If you have been arrested and charged with an OUI and it is a third offense, you face serious, life-altering consequences.  It is imperative to enlist an OUI defense attorney who knows both the criminal law system and how to work successfully with the RMV regarding driver’s license suspension or revocation.

Third OUI penalties in Massachusetts

If you are convicted of a third OUI, you could face a mandatory minimum jail sentence and a future as a convicted felon. The stakes are high; you could lose your professional licenses, your right to vote, have difficulties gaining employment or even renting a place to live. Ensure your case is managed by an attorney that understands how the consequences will affect not just you, but your family and your livelihood.

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Trusted, talented third time OUI defense attorney: Gilman Law

If the Commonwealth can prove two prior OUI convictions, at any time in the past, the court will be required to impose at least the minimum mandatory jail sentence. Massachusetts has a lifetime lookback when determining the number of OUI convictions, and even if the prior convictions were decades ago, it is likely the charge filed will be felony OUI. The minimum mandatory jail sentence does not allow a judge to exercise discretion in sentencing. The minimum sentence is mandatory. 

Consequences of a third offense OUI Conviction:

  • Felony conviction and a jail sentence of from 180 days to 2 ½ years
  • Fines between $1,000.00 and $15,000.00
  • Probation fees of $65.00 per month 
  • $250.00 head injury assessment 
  • $50.00 Victims of Drunk Driving fee 
  • 8 years license suspension

If you refused the breathalyzer test at the time of your arrest, the 8-year license suspension will start after the 5-year suspension for breathalyzer refusal is completed. These suspension periods run consecutively. You will not be eligible to apply for a hardship license until the 5-year refusal suspension comes to an end. When your license is reinstated, you will be required to maintain an ignition interlock device for a minimum of two years, at your own expense.

The RMV and your criminal case

Be aware that the court may consider your case a first or second offense. The RMV is not required to follow the court’s license suspension order. The RMV suspension will be based on the number of prior OUI convictions on your driving record. Even if you avoided the criminal consequences for a third time offense, the RMV may treat you as a third time OUI offender, suspending your driver’s license for 8 years. This is when you need an attorney who is highly skilled and effective when dealing with the RMV. Mr. Gilman formerly served as an RMV Hearing Officer and brings an outstanding level of skill to all license suspension issues.

Taking charge of your defense and your future starts as soon as you are charged with a third offense OUI. Attorney Gilman and his team are among the most talented and effective license suspension attorneys in Massachusetts. You can expect honesty, integrity, and to be treated with respect at every step. Your attorney will tell exactly what to expect at every stage of the criminal case and the licensing issues that must be resolved at the RMV. 

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Call Gilman Law

Contact Us Today to speak with us – make it your first call after an arrest for a third time OUI. Exercise the right to remain silent, and your right to an attorney – the right attorney.

From his Lunenburg office, Matthew Gilman represents clients across the state of Massachusetts. Fill out the form on this page or call the office today to connect with the firm and schedule a free consultation. The attorney will discuss your case at the office, or even in your own home. Our OUI defense lawyer will determine the best way forward, based on your unique situation. The firm offers flat fees and payment plans rather than hourly fees for many services.

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