Home5 Star Client Reviews Avvo Rated Attoreney Jay Milligan

To view this, you need to install the Flash Player 6. Please go to here and download it.






BOARD CERTIFIED DUI DEFENSE ATTORNEY
306 WASHINGTON STREET, 2ND FLOOR
NORWELL, MA 02061
PHONE: (617) 851-7155
FAX: (781) 878-6550

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.

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

FIFTH OFFENSE

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.

FOR A FREE CONSULTATION FROM A BOARD CERTIFIED LAWYER CALL

(617)-851-7155