ARRESTED AND CHARGED WITH THIRD OFFENSE OUI/DUI IN MASACHUSETTS
If you have been arrested and charged with an OUI and it is your Third Offense the consequences and the stakes are very different than a First or Second Offense OUI. You need a lawyer who not only knows the consequences but who knows how to win. If you are convicted of a Third Offense OUI, there is a mandatory minimum jail sentence and it is a felony conviction. When you are charged with a third offense you need to have an Attorney on your side who understands the high stakes involved. You need an Attorney who understands that the consequences will effect not just you but your family and livelihood.
Massachusetts has a lifetime lookback to determine the number of prior OUI convictions.
The consequences between a second and third offense OUI could not be greater. If the Commonwealth can prove two prior OUI convictions the court will be required to impose at least the minimum mandatory jail sentence. The minimum mandatory jail sentence is required by law and courts cannot deviate from the minimum sentence.
Consequences of a Third Offense OUI Conviction:
- Felony Conviction and a jail sentence of at least 180 days and up to two and a half years.
- Fine of between $1,000.00 and $15,000.00.
- Probation fee of $65.00 per month, $250.00 Head Injury Assessment, $50.00 Victims of Drunk Driving Fee, $50.00 Victims Fee.
- License Suspension on the OUI for 8 years. If you refused the breathalyzer test at the time of your arrest the OUI 8 year suspension will start after the 5 year suspension for the refusal concludes. These suspension periods run consecutive to each other. You will not be eligible to apply for a hardship license until the 5 year refusal suspension ends.
- Upon your license reinstatement you will need to maintain an ignition interlock device for a minimum of two years.
BEWARE: the Court may consider your case a first or second offense. The Registry of Motor Vehicles will not necessarily follow the courts license suspension order. The Registry of Motor Vehicles suspension will be based on the number of prior OUI convictions on your driving record.
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 ready to stand in your corner.
- I just reinstated my license, why did I get a new Suspension Notice?
- What are and how to calculate reinstatement fees at the Massachusetts Registry of Motor Vehicles?
- What are surchargeable offenses in Massachusetts?
From his Lunenburg office, attorney Matthew Gilman represents clients all over the state of Massachusetts. Fill out the form on this page or call the office today to connect with him and set up a free consultation. Matthew will discuss your case in the office or even in your own home and determine the best way forward for your unique situation.