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Attorney Representation in Massachusetts since 1998
FOURTH OR SUBSEQUENT OFFENSE OUI
There are few things worse than being arrested for any criminal offense. The following information is designed to help you understand the process and your options. You need know your rights and options before you make any decisions about how to handle your case.
WHAT TO EXPECT YOUR FIRST DAY IN COURT
When you arrive at the courthouse you need to check into the probation department and they will get some biographical information from you in order to check your criminal history.
Once done in probation you will be told to go into the main/first session courtroom. When your name is called they will go forward with an ARRAIGNMENT, which is a formal way for the court to charge you with a crime. The clerk or judge will enter a plea of NOT GUILTY.
A judge may be released on your personal recognizance, your promise to appear back in court, and give you a date to go back to court called a pre-trial conference date. There is also a likelihood that some bail will be imposed. The court will also inquire about your intentions to hire a lawyer. The court will expect you to have a lawyer by the next court date. Some judges may impose conditions of release (i.e. random alcohol testing and/or weekly reporting to probation.)
WHAT ABOUT MY LICENSE?
If you refused to take the breath test and this is a first offense, the Registry of motor vehicles will suspend your license for LIFETIME.
If you have taken the breath with a reading of .08 or above, the registry of motor Vehicles will take your license for 30 Days.
THERE ARE NO HARDSHIP LICENSES FOR BREATH TEST REFUSAL SUSPENSIONS.
If you refused the breath test, under the OUI statute you are entitled to a hearing to challenge your refusal suspension. You want to take advantage of this hearing.
- You have 15 days from the date of your arrest to appeal your license suspension
- As stated above, the Massachusetts Registry of Motor Vehicles does not give work or daytime licenses for breath test refusal or breath test failure suspensions. You either get it back completely or not at all.
- The first step is at the Registry of Motor Vehicles where we conduct a brief hearing, which is frequently denied, but is unfortunately a necessary procedure.
- Assuming the Registrar denies our hearing appeal, the second step is to petition the District Court where you were arraigned to reverse the Registrars’ decision. (This is where our office has the opportunity to get your license back).
- The appeal is somewhat technical in nature. When you were brought back to the police station after your arrest and booked, the officer or trooper is supposed to complete some forms pursuant to procedures set forth by the police department and the Registrar. This paperwork is sometimes not completed in the proper form or not completed at all. You should not try this appeal on your own, you need a lawyer who has experience in Massachusetts drunk driving law and who knows how the Registry works and what to look for in these forms.
- There are no additional fees for my office to handle your registry hearing. Once retained we want to help you in any way we can. Most drunk driving lawyers in Massachusetts will tell you trying to get your license back is a waste of time. One thing is for certain, if you do not try, you will not get your license back. It is not a waste of time to our lawyers and is certainly worth the effort given the minimal inconvenience the appeal requires. Click here to Contact us.
WHAT ARE MY OPTIONS?
You have 2 options, you either plea/admit to the charges or you can fight the case. It will be tough to take a plea on a fourth or subsequent offense. I am one of two Board Certified OUI lawyers in Massachusetts who handles approximately 60 trials a year successfully defending 7/8 out of 10 cases.
FOURTH OFFENSE
- You will receive a guilty finding (felony).
- You will receive a jail sentence of not less than 2 years (1 year Minimum Mandatory). If indicted you will receive a jail sentence of not more than 5 years (Felony status)
- Fine $1,500-$25,000.
- Your License will be suspended for 10 years, with a work/education hardship considered in 5 years, general hardship in 8 years. If you refused the breath your license is suspended for LIFE.
- Ignition Interlock device required under G.L. ch. 90, § 24 ½.
FIFTH OFFENSE
- You will receive a guilty finding (felony).
- You will receive a jail sentence of not less than 2 1/2 years (2 year Minimum Mandatory). If indicted you will receive a jail sentence of not more than 5 years (Felony status)
- Fine $2,000-$50,000.
- Your License will be suspended for LIFE, no possibility for hardship..
If you fight your case and win, upon order of the court your license will be returned.
If you fight your case and lose, the penalties will likely be the same as above. The only difference is that if you lose after a trial, you will receive a conviction.