* Jail: Not more than 2 1/2 years House of Correction
* Fine: $500-$5,000
* License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months
Alternative Disposition (1st Offense OUI)
* Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.)
* Pay a number of fines and court fees (over $2500 in total), as well as take a hit to your insurance.
* Unsupervised probation for one year.
* Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant.
* License suspended for 45 to 90 days (not including any penalty for breath test refusal)
* License suspension is 210 days for drivers under age 21.
* You are eligible for a hardship license right away, in most cases.
The Real Deal on First Offense OUI Penalties:
The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases.
Massachusetts OUI Law – Second Offense Penalty
* Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years
* Fine: $600-$10,000
* License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won’t be eligible for a hardship or full license restoration for at least 3 years total.)
* As of January 1, 2006 – Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement.
Alternative Disposition (2nd Offense OUI)
* 2 years probation
* 14 day confined (inpatient) alcohol treatment program paid for by the defendant
* License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months.
* As of January 1, 2006 – Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license).
* If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement.
The Real Deal on 2nd Offense OUI Penalties:
See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is still a tough punishment to accept for many people. Given that there isn’t that much risk of a worse outcome if you choose to fight the case in court, most people choose to take a chance at no penalty, even on a weak case.
Remember, even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the case.
Massachusetts OUI/DWI Law – Third Offense Penalty(3rd) Penalty
* Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status)
* May be served in a prison treatment program
* Fine $1,000-$15,000
* License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years
* Commonwealth may seize, keep, and/or sell your vehicle.
The Real Deal on 3rd Offense OUI Penalties:
For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty. For a 3rd offense charge, this is a good reason to fight the case and look for a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can’t provide sufficient proof of the prior offenses (which can happen if they are old, or out of state)
Apparently not much.
If you have a probation you will automatically lose your license for a period of days, not sure and have a trial hearing.
But I wouldn’t doubt much because, my cousin got hit by a drunk driver and it was his 6th DUI so that’s not saying much now is it?
But you’ll have your trial date, and if it is a first offense, you might get off really lightly, but who knows.
Good luck I guess?
Massachusetts OUI/DUI Law – First Offense Penalty
* Jail: Not more than 2 1/2 years House of Correction
* Fine: $500-$5,000
* License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months
Alternative Disposition (1st Offense OUI)
* Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.)
* Pay a number of fines and court fees (over $2500 in total), as well as take a hit to your insurance.
* Unsupervised probation for one year.
* Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant.
* License suspended for 45 to 90 days (not including any penalty for breath test refusal)
* License suspension is 210 days for drivers under age 21.
* You are eligible for a hardship license right away, in most cases.
The Real Deal on First Offense OUI Penalties:
The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases.
Massachusetts OUI Law – Second Offense Penalty
* Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years
* Fine: $600-$10,000
* License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won’t be eligible for a hardship or full license restoration for at least 3 years total.)
* As of January 1, 2006 – Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement.
Alternative Disposition (2nd Offense OUI)
* 2 years probation
* 14 day confined (inpatient) alcohol treatment program paid for by the defendant
* License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months.
* As of January 1, 2006 – Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license).
* If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement.
The Real Deal on 2nd Offense OUI Penalties:
See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is still a tough punishment to accept for many people. Given that there isn’t that much risk of a worse outcome if you choose to fight the case in court, most people choose to take a chance at no penalty, even on a weak case.
Remember, even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the case.
Massachusetts OUI/DWI Law – Third Offense Penalty(3rd) Penalty
* Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status)
* May be served in a prison treatment program
* Fine $1,000-$15,000
* License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years
* Commonwealth may seize, keep, and/or sell your vehicle.
The Real Deal on 3rd Offense OUI Penalties:
For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty. For a 3rd offense charge, this is a good reason to fight the case and look for a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can’t provide sufficient proof of the prior offenses (which can happen if they are old, or out of state)