(508) 455-4755 7 North Main Street, Suite 219A Attleboro, MA 02703
(781) 686-5924 12 Welch Avenue, Suite 5 Stoughton, MA 02072
All most everyone charged with a Massachusetts First Offense OUI is ask this question:
The reasons this question comes up in almost every first offense case is because typically a prosecutor will offer a CWOF if a person elects to accept a plea to an OUI charge.
What are the benefits of a CWOF: The benefit of accepting a CWOF is that it is technically not a conviction; accordingly, if asked if you have any criminal convictions, you could truthfully state no. Additionally, employer doing a CORI check are less likely to see a CWOF, though for many occupations, an employer will have the right to see a CWOF on a background check.
The most important thing to understand is that while a CWOF is technically not a conviction, it is an admission to the charge of operating under the influence of alcohol and will count as a first offense conviction for the purpose of license suspensions with the RMV. Additionally, if you are charged again, a CWOF will count as a conviction and you will be charged as a second offender. By accepting a CWOF, you will be placed on probation, have to complete a 24D Alcohol Education program and pay fines and fees while incurring a 45 day license loss.
The most important point to understand when you accept a CWOF is that it is an admission to the OUI charge. Some believe because of the case is continued without a finding that it does not count as an OUI conviction.
An OUI charge is the most common type of trial in the district court. You should only accept a CWOF if after reviewing the case with an experienced OUI lawyer in Massachusetts so that you understand what defenses you can present at trial and the likelihood of obtaining a not guilty verdict.
If you have any questions regarding whether a CWOF is a good deal when you are charged with OUI in Massachusetts, feel free to call me at 781-686-5924 or you can download my free book to learn more about Massachusetts DUI laws.
Understanding Massachusetts Drunk Driving Laws - by Michael Delsignore.