A Massachusetts third offense OUI carries a mandatory minimum jail sentence of 150 days and is also a felony offense, that will require you to submit to a DNA test, will cause an eight year loss of your driver’s license and presents the risk that you could be sentenced to a maximum jail sentence of 2.5 years.

A third offense OUI in Massachusetts may result in the district attorney seeking bail as a condition of your release. It is likely that you will have to post some cash bail as a condition of your release to ensure your appearance in court.

To prove a third offense OUI, the Commonwealth first must obtain a conviction on the underlying offense. If that occurs, you are then entitled to a separate trial, which can be before a judge or jury as to how many prior OUI convictions you have on your criminal record. The Commonwealth has to prove certified copies of the dockets of your prior convictions, that prove that you were the same individual who has two prior convictions.