Operating Under the Influence (OUI) Offenses
Operating under the influence cases can be successfully tried in the Trial Courts of the Commonwealth. The field sobriety tests can be successfully argued against given the right conditions. Breath test results might be inadmissible at trial if the breathalyzer test did not comply with the Code of Massachusetts Regulations. (M.G.L. c.30A, 501 C.M.R. 2.00, et seq) Finally, the weight of the reliability of the breath test results can be challenged at trial by a thorough examination of the maintenance and certification logs for the particular Draeger Alcotest breathalyzer machine used to obtain the breath sample.
Call me (774) 237-0893 and I'll read the police report and give you an honest straight forward opinion as to your chances at trial. I have OUI trial experience in both the Trial Courts of Massachusetts and the U.S. District Court for the District of Massachusetts.
Operating Under the Influence [M.G.L. c.90, §24]
The following penalties vary depending on the number of times you've been charged with this offense.
1st Offense OUI Penalty
- 0.08
- up to 2 ½ years jail
- $500 - $5,000 fine
- License suspension 1 year
- RMV work hardship license considered in 3 mos if submitted to breathalyzer; general hardship considered in 6 mos if submitted to breathalyzer.
§24D Alternative Disposition (1st Offense)
- C.W.O.F. (continuance without a finding);
- 1 year probation
- Pay court fines and costs of probation
- 45 - 90 days license suspension (not including 180 day suspension for breath test refusal)
- 16 weeks, once a week, Driver Alcohol Education Program
- Hardship license usually granted right away
2nd Offense OUI Penalty
- 60 days minimum jail;
- up to 2 ½ years jail
- $600 - $10,000 fine
- 2 years license suspension
- Work / education / general hardship license eligibility after 1 year from date of conviction with ignition interlock device.
- Breath test refusals = hardship license or license restoration in 3 years!
Usual 2nd Offense plea disposition:
- 90 days Suspended Sentence; 2 years probation
- 14 days inpatient (confined) alcohol treatment program at your expense
- 2 years license suspension
- Work / education / general hardship license eligibility in 1 year
- Interlock ignition device installed in your car for 2 years at your expense
- thousands of dollars in Court fines, RMV penalties & treatment program expenses
3rd Offense OUI Penalty
- you are facing a mandatory 5-6 months in jail if found guilty.
- 150 day minimum jail
- up to 5 years state prison
- $1,000 - $5,000 fine
- License suspension: 8 years; work/education hardship considered in 2 years; general hardship in 4 years
- Commonwealth may seize, keep, and/or sell your vehicle.
4th Offense OUI Penalty
- 1 year minimum jail;
- 2 - 5 years jail;
- $1,500 - $25,000 fine;
- 10 years license suspension; work/education hardship considered in 5 years; general hardship in 8 years.
5th Offense OUI Penalty
- 2 years minimum jail;
- 2 ½ - 5 years jail;
- $2,000 - $50,000 fine;
- License suspended for LIFE! No possibility of a hardship license!
Habitual traffic offender [M.G.L. c.90, §22F] -
- 4 years license loss
- life time loss of license
Leaving the scene of an accident [M.G.L. c.90, §24(2)(a)] -
This charge can have numerous possible punishments depending on whether
the defendant has previously been convicted of this offense.
Operating to Endanger [M.G.L. c.90, §24(2)(a)]
Links to RMV HEARINGS
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