Facing an OUI/Drunk Driving Charge?
A conviction for an OUI can have a profound impact on your life. It can affect your employment, livelihood, and family life. People who are charged with OUI/Drunk Driving don't always have a lengthy criminal record. When you are charged with an OUI, you need an attorney who will fight for your rights and get you the best possible outcome.
The penalties for an OUI can be severe and they can include:
- Jail time
- Probation
- Drug-Alcohol Education classes
- $500 to $5,000 in fines and penalties
- License suspension
- If you refused a breathalyzer test, you will immediately lose your license for 180 days
The penalties differ depending on whether this is your first, second, or third OUI charge or conviction.
First Offense OUI/DUI:
If you are convicted of a first offense OUI/DUI, you can face:
- Imprisonment in the House of Corrections for up to 2.5 years
- Fines, Fees, Assessments ranging from $500 to $5,000
- License Suspension up to 1 year
In spite of the above, Massachusetts offers an "Alternative Disposition" for first time OUI/DUI offenders if the defendant decides to change his or her plea to a "Continuance Without a Finding" (CWOF) similar to a "no-contest plea". With this OUI/DUI Alternative Disposition sentence, the defendant will be:
- Placed on Probation
- Pay fines, fees, assessments up to $1,000
- Ordered to take and complete a Drug-Alcohol Education Program
- Loss of Massachusetts License from 45-90 days (depending on whether the breathalyzer was taken)
After one has completed the above disposition, with Attorney Gravel's assistance, they can make a motion to seal the CWOF to remove it from one's record.
Second Offense OUI/DUI:
- Imprisonment at the House of Corrections not less than 60 days, no more than 2.5 years
- License Suspension for 2 years
- Installation of an Interlock Device when your license is reinstated
Notwithstanding the above, a defendant may take advantage of the "Alternative Disposition" charged as a second offender OUI/DUI which includes:
- Probation
- Completion of an in-patient Drug-Alcohol treatment program
- License Suspension for 2 years
- Installation of an Interlock Ignition Device once your license is reinstated
It is important to note, if you took a CWOF on your first OUI offense, and it was dismissed after you completed the disposition, being charged for another OUI will still count as your second offense and not your first.
Third Offense OUI/DUI:
- Imprisonment at the House of Corrections, not less than 180 days, not more than 5 years
- Fines, fees, and assessments between $1,000 and $15,000
- Driver's license suspension for 8 years
- Cancellation of the motor vehicle's registration while the driver's license is suspended
Fourth Offense OUI/DUI:
- Imprisonment at the House of Corrections, not less than 2 years, not more than 5 years
- Fines, fees, and assessments ranging from $1,000 to $25,000
- License suspension for 10 years
- Cancellation of the motor vehicle's registration while the driver's license is suspended
- District Attorney's office may seek forfeiture of your vehicle
Fifth Offense OU/DUI:
- Imprisonment at the House of Corrections, not less than 2.5 years, not more than 5 years
- Fines, fees, and assessments ranging from $1,000 to $50,000
- Lifetime revocation of your driver's license without the possibility of a hardship license
- Cancellation of the vehicle's registration while the driver's license is suspended
- District Attorney's office may seek forfeiture of the vehicle
Most of the time, clients are less concerned with the possibility of jail time and more concerned about the large amount of fees, fines, assessments, license suspension, and the stigma of being convicted of an OUI/DUI offense.
The decision on whether to consider a plea or have a trial, is an important one. Attorney Tanya Gravel will explain your legal rights and assess your chances of success that will help you make the most informed legal decision you can. Call the Law Offices of Tanya M. Gravel today, to get started.
