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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What Services Does Attorney Gilman and Offer for Individuals Charged With DUI, DWI or OUI or Offenses?

Attorney Matthew Gilman and the team at Gilman Law, P.C. represent clients charged with DUI, DWI, and OUI offenses throughout various counties in Massachusetts. The firm’s primary focus is on individuals who have been charged with a drunk driving or operating under the influence of alcohol and license suspension matter.

By seeking the services of Attorney Gilman and his team, you can benefit from our extensive expertise and proven track record of success in handling cases related to DUI, DWI, and OUI. The team provides comprehensive legal counsel, ensuring that you fully understand your rights and options before making any decisions regarding your case.

If you are facing charges for a 3rd offense drunk driving, DUI, DWI, or OUI in Massachusetts, Gilman Law, P.C. has the experience to assist you. These services include but are not limited to the following:

  1. Case Evaluation: Attorney Gilman provides a free evaluation of your case, enabling you to understand the specific details and potential consequences associated with your charges.
  2. Legal Representation: As an experienced OUI or DUI defense firm,  the team at Gilman Law, will advocate for your rights and interests throughout the legal process. 
  3. Knowledgeable Guidance: The team will guide you through the legal procedures, ensuring that you are aware of all available options and potential outcomes. We will advise you on the best course of action that aligns with your goals and priorities.
  4. Expertise in Massachusetts Law: With a deep understanding of Massachusetts laws pertaining to DUI, DWI, and OUI offenses, the team at Gilman Law will build a solid defense for your case. Importantly we will uncover any potential legal issues that could be advantageous to your case.
  5. Negotiations and Plea Bargaining: If appropriate, we will engage in negotiations with prosecutors to secure the most favorable outcome possible for your situation.

By enlisting the services of Gilman Law, P.C., you can be confident that you have a team on your side, dedicated to protecting your rights and achieving the best possible resolution for your drunk driving, DUI, DWI, or OUI case.

How Does the Commonwealth Prove a Subsequent Offense?

As of November 30, 2002, Massachusetts became a lifetime look back state. This means that any prior OUI conviction or assignment to an alcohol treatment program can be counted as prior offenses. If you are arrested and charged with an OUI / DUI the Commonwealth will now be able to look for any prior convictions or assignments regardless of how long ago or where they occurred. Even cases that were continued without a finding can count as a prior offense if you were assigned to and alcohol education program. 

What Areas Does Gilman Law, P.C. Serve in Massachusetts?

Attorney Matthew Gilman and his team provide OUI / DUI defense and legal representation to clients across the Commonwealth of Massachusetts and its various counties. These counties include Barnstable, Berkshire, Bristol, Hampden, Hampshire, Franklin, Essex, Middlesex, Norfolk, Plymouth, Suffolk, and Worcester.

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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