Home5 Star Client Reviews Avvo Rated Attoreney Jay Milligan

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• OUI Offenses
  • First Offense
  • Second Offense
  • Third Offense
  • Fourth Offense
  • Felony OUI
• What About My License?
• What Happens After My Arrest?
• Challenging BAC Results
• Frequently Asked Questions
• Common Court Terms
• Changes In OUI Law
• Why You Can Win Your Case
• Field Sobriety Tests
• Most People Should Not Plead Guilty
• Massachusetts OUI Law
• Under 21
• License Suspension Issues

Attorney Representation in Massachusetts since 1998

PENALTIES

First Offense

• Incarceration: Not more than 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
• Probation with mandatory participation in alcohol-drug education program paid for by defendant
• License suspended for 45 to 90 days (210 days for drivers under age 21)
• Eligible for Hardship license after three business days, assuming you have completed intake alcohol-drug education program
• Available for 2nd offenses after a 10 year time frame upon finding by court. NOTE: 2 year loss of license may be imposed, however you you will be eligible for a hardship license after three business days assuming you have completed intake alcohol-drug education program

Second Offense

• Incarceration: Not less than 60 days (30 day mandatory), not more then 2 years
  Fine: $600-$10,000 License suspended for 2 years, work/education hardship considered in 1 year. Ignition Interlock device required under G.L. ch. 90, § 24 ½.
• Alternative disposition
• 2 years probation
• 14 day confined treatment program paid for by the defendant
• License suspended for two years, work/education hardship considered in 1 year. Ignition Interlock device required under G.L. ch. 90, § 24 ½.

Third Offense

• Incarceration: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (Felony status)
• May be served in a correctional facility treatment programs
• Fine $1,000-$15,000
• License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years. Ignition Interlock device required under G.L. ch. 90, § 24 ½.

Fourth Offense

• Incarceration: Not less than 2 years (1 year Minimum Mandatory), not more than 5 years (Felony status)
• Fine $1,500-$25,000
• License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years. Ignition Interlock device required under G.L. ch. 90, § 24 ½.

FIFTH OFFENSE

• Incarceration: Not less than 2 ? years (24 mos. Minimum Mandatory), not more than 5 years (Felony Status)
• Fine $2,000-$50,000
• License for life, no possibility of hardship

License Reinstatement Fees

• First Offense $500.00
• Second Offense $700.00
• Third Offense $1,200.00
• Refusal/Failure - Breath Test $100.00