Being arrested for a DUI is a serious crime, but being arrested for your second DUI is even more serious. All the fines and penalties are increased in most cases and the need for a skilled Massachusetts DUI attorney is even more crucial.

Depending on the severity of the crime you will most likely not face jail time. It is very rare that a second time DUI offender suffers jail time unless multiple other crimes were committed while driving under the influence. If this is the case you need to hire an experienced Massachusetts criminal defense lawyer who specializes in DUI litigation so you don’t suffer anymore consequences than you deserve.

Can I Still Fight a Second DUI Arrest in Court?

Yes you can, and you should. You gain nothing from pleading guilty unless your first DUI conviction was over 10 years ago instead of having a Massachusetts DUI lawyer fight your case. An experienced Massachusetts DUI attorney can change the outcome of your case and save your license. If you call the Law Offices of James M. Milligan, Jr. today to speak with an aggressive Massachusetts DUI/OUI attorney we can start evaluating your DUI/OUI case and determine the best course of action.

When Should I Plead Guilty to a Massachusetts DUI?

The only time you should plead guilty instead of hiring a Massachusetts DUI attorney to defend your case is when you have a prior DUI offense and are eligible for a Second Chance 24D Disposition. This motion entered by your Massachusetts DUI lawyer will cause your second DUI / OUI offense to be treated as if it was your first lowering the fines and penalties against you. This type of motion can only be entered if your first Massachusetts DUI arrest was over 10 years ago. Other reasons to plead guilty to a second DUI offense is because you do not want to go to trial and feel that you can handle the consequences, if the prosecutor can’t prove a prior offense and they are offering a first time offense penalty deal, and if you are facing serious jail time and would like to submit a guilty plea without jail time.

Second Offense DUI Penalties

• In some cases you will have to serve 60 days of jail time or more but your jail sentence will never exceed 2 ½ years.
• Fines may be up to $10,000 dollars depending on the severity of your case.
• Suspended license for 2 years. (You may be eligible for a hardship license unless you refused to take the breath test, then you will have your license suspended fully for 3 years.)
• When you are eligible for license reinstatement you will have to have an ignition interlock device installed in your car and any car that you operate for a minimum of 2 years. This device will not allow you to start your vehicle without a breath test submission.

Depending on the severity of your DUI offense you may have to suffer additional fines and penalties to the list mentioned above especially if multiple crimes were committed at the time of your DUI arrest. In most cases though for a routine Massachusetts DUI case you will not have to have any jail time but instead you will suffer an alternative disposition to the list of fines and penalties mentioned above.

Alternative Fines and Penalties

• Probations of up to 2 years
• 2 week alcohol treatment program
• A fine of $600 dollars and all the court fees, alcohol education program fees, witness fees, and license reinstatement fees which can combine to over $4,000.
• A 2 year suspended license with the possibility of a hardship license unless you refused the breath test then you will not be eligible.
• A required ignition interlock device must be installed on every car that you drive after your suspension ends.
• If your first DUI offense was over 10 years ago you may be eligible for a Second 24D disposition which will lighten all the penalties of your second DUI offense to as if it were your first DUI offense.

To apply for a 24D disposition or have to suffer only alternative fines and penalties you will need the help of a skilled Massachusetts DUI lawyer. This is not something you should go into alone. The DUI process is very complicated in Massachusetts and will require experience legal representation every step of the way. Contact the Law Offices of James M. Milligan, Jr. to speak with an aggressive and effective Massachusetts DUI lawyer.