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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

THIRD OFFENSE OUI

If charged with a third offense, you need to speak with a lawyer who knows what they are doing. A third offense is a felony and you are facing a 150 day minimum mandatory sentence in jail.

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.

SUBSEQUENT OFFENDER STATUS

Effective November 30, 2002, “Repeat offender” status for Drunk Driving (OUI, DUI, DWI) cases is determined in Massachusetts based upon a “Lifetime Lookback.” So even if you had two OUI, DUI, DWI 30 years ago they will count.

A previous Continuance Without a Finding (CWOF) with an assignment to an alcohol education program will count as a first offense. Additionally, if you have been charged with an OUI, DUI, DWI in another state with a Massachusetts Drivers License then you may also be treated as a multiple offender.

Our drunk driving attorney battles sobriety tests aggressively.

NOTE: Even if the Court considers you a first or second offender, the Registry of Motor Vehicles is not bound by the court’s classification of you. For instance, if you are charged with a first offense even though you have two prior OUI, DWI, DUI in Massachusetts or another state, the Registry of Motor Vehicles will likely consider you a third offense and suspend your license as such.

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.

Our Massachusetts OUI Lawyer brings experience and expertise to your case

Assuming your criminal record has no defaults on it you 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 chance 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 third offense, the Registry of motor vehicles will suspend your license for Five (5) years.

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. I am a Board Certified OUI lawyer who handles approximately 40-60 trials a year, successfully defending 7/8 out of 10 cases. I am also the Chairperson of the Massachusetts Continuing Legal Education (MCLE) course on Handling OUI case and RMV Matters. Essentially I show other lawyers how to defend OUI cases.

PENALTIES:

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