If you have been charged with a second offense OUI you are likely concerned with the potential consequences. An individual charged with a second offense OUI potentially faces statutory consequences much more severe than those following a first offense OUI arrest. There are three main dispositions that can result from a conviction on a second offense OUI.
The statutory punishment for a second offense OUI is severe when compared to a first offense OUI 24D disposition. If you are arrested for a second time for OUI in Massachusetts you will face between 60 days to 2.5 years in jail (30 days mandatory), be subject to fines from $600 to $10,000, and you will have your drivers license suspended for two years. You would be ineligible for a hardship license until one year into this two-year license suspension. When you do regain your license, you will be required to install an ignition interlock device in your vehicle at your own expense.
There is an alternative disposition that is slightly more lenient. This disposition includes two years of probation, a 14-day inpatient alcohol treatment program, a fine of $600, additional fess up to $4,000, a license suspension for two years, and the installation of the ignition interlock device. As you can see, this alternative disposition allows for a 14-day inpatient program rather than the mandatory 30-day jail sentence.
There is one final available disposition that is available to individuals whose first offense OUI was over ten years prior to their second offense charge. This disposition is routinely referred to as a “Cahill Disposition”. Under a Cahill Disposition, the judge may, this disposition is in the Judge’s and District Attorney’s discretion, allow for an individual to take part in the first offense OUI disposition which is more commonly known as the 24D Program. This requires one year of probation, a 16-week alcohol course, numerous fines, and a 45-90-day license suspension. However, the RMV will still treat the charge as a second offense OUI. In most cases, where a breathalyzer test was taken, an individual would be eligible for a hardship license from the RMV when there is proof that the individual has registered in the 16-week alcohol program. However, an ignition interlock device would still need to be installed for a two-year period.
There are additional license suspension consequences if a breathalyzer test was not taken.
If you have been charged with a second offense OUI contact an attorney at Lake Shore Legal. We can fully explain your rights and zealously represent your interests. It is important to have an experienced attorney review the specific facts of your arrest. Based upon the major consequences that a second offense OUI can have on you or someone that you know, it is important to retain an experienced attorney who can assess the likelihood of a success if your matter is brought to trial. Contact Lake Shore Legal at 508-943-7800 or info@lakeshorelegalsolutions.com