A second offense Massachusetts OUI/DUI is a serious charge that requires that you hire an experienced Massachusetts DUI lawyer. A second offense OUI if resulting in a conviction will result in a two year loss of license with the requirement that you have the ignition interlock device installed in your vehicle prior to reinstatement of your license. This penalty of having the ignition interlock device means that you cannot drive any vehicle unless it is equipped with the ignition interlock device, will not be able to drive a motorcycle as the interlock device cannot be installed on a motorcycle and will not be able to drive any company vehicle.

A second offense OUI in Massachusetts also requires a motorist to complete a 14 day in-patient program. Additionally, a Massachusetts Second offense OUI can result in a jail sentence of up to 2.5 years. In many cases, a motorist charged with a second offense can avoid jail time, even after trial if the judge imposes the alternative disposition. Under the alternative disposition, a defendant receives a suspended jail sentence with the requirement that the motorist complete the 14 day in-patient program.

Second offense Massachusetts OUI charges occurring 10 years after the first offense. If a second offense occurring more than ten years after the first offense, there is a possibility that a motorist can avoid the 14 day in-patient program and two year loss of license if the court treats the second offense as a first offense and imposes the first offender 24D disposition. If the court treats the second offense OUI as a first offense OUI, sometimes referred to as a second chance first offense, then a motorist will be eligible to get a hardship license immediately with the additional requirement of installation of the ignition interlock device.

In some cases a motorist is charged with a first offense, even through the motorist has a prior out of state DUI conviction that the district attorney did not pick up on. In these cases, the Registry will generally have notice of the prior DUI conviction. If a motorist resolves the case with a first offender disposition, the registry will impose the second offense license consequences. Accordingly, if you have any prior DUI offenses, the license consequences will be governed by your lifetime history of DUI convictions in Massachusetts and in all other states.