Third Offense | Know Your Rights
ARRESTED OR CHARGED WITH DRUNK DRIVING ( DUI OUI DWI ) IN MASSACHUSETTS
If charged with a third offense of OUI in Massachusetts, 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.
POTENTIAL THIRD OFFENSE CONVICTION
For your 3rd drunk driving conviction in the State of Massachusetts you will be fined between $1,000 and $15,000. You will also spend from 150 days to 2 1/2 years in prison and have your drivers license suspended for 8 years. The court may also order you to install an ignition interlock device on your vehicle at your own expense.
If you were driving with a child under the age of 14 at the time of your arrest you will also be charged with Child Endangerment. For a child endangerment conviction, you will spend between 90 days and 2 1/2 years in prison and you will be fined from $1,000-$5000. You will also lose your drivers license for 1 year.
A third offense charge of drunk driving in Massachusetts is a felony and you’re facing a 150 day minimum mandatory sentence in jail.
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.
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.
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.)
Don’t take the chance with the rest of your life, call Massachusetts drunk driving defense lawyer Attorney Milligan now! Call 888.684.6494
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.
- 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.
If you’ve been charged in Massachusetts with your 3rd offense of drunk driving or operating under the influence of alcohol you need an attorney who is certified in drunk driving defense and has a proven record of success.
MASSACHUSETTS BOARD CERTIFIED DRUNK DRIVING DEFENSE LAWYER
Massachusetts board certified drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County. If you have been charged with a 3rd offense drunk driving DUI DWI OUI in Massachusetts, contact Attorney Milligan for a Free Case Evaluation.