Plymouth 2nd Offense OUI Lawyer

Attorney DelSignore is a Plymouth OUI Lawyer that can help you understand the process when charged with your Second OUI from Plymouth District Court. Attorney DelSignore has helped individuals for over 20 years make the best decision for themselves on how to handle a second offense OUI.

On your first court date you will enter a not guilty plea and be given a further date to return for court. On a second offense, there are essentially four different ways the case can be resolved and we will discuss each of these possibilities in this page.

Option 1: Charged with a Second Offense—refused a breath test prior offense within ten years.

In this situation, you must win the case and have a motion to reinstate your license allowed. Otherwise, you will not be able to drive with any kind of license for three years. When you refuse a breath test and your prior OUI offense is within 10 years, you have a three year license loss for breath test refusal. If you took a breath test on your first offense, and that offense was between 2011 and 2019, you may be able to vacate your plea on your prior OUI offense.

If you do not have a way to reopen your prior OUI, you must win your case to avoid being without a license for a muumuu of three years.

On a second offense OUI, you face a three year suspension for breath test refusal and an additional two years if you are convicted of or take a plea to the OUI charge.

After the three year breath test refusal suspension is up, you can apply to the Board of Appeals for an earlier hardship. Normally, you have to serve half of the OUI suspension, meaning you would not be eligible for four years; however, the Board of Appeals can grant an earlier hardship license.

If you are in this position, you can only get back on the road by winning the case and having the judge approve a motion to reinstate your license.

Option 2: Charged with a Second Offense with a Breath test and prior OUI within 10 years.

If you took a breath test, your license is only suspended for thirty days. After 30 days you can get your full license back. Breath test evidence does not always come into evidence. There are ways to get the breath test excluded from evidence that Attorney DelSignore has used over the years to help clients avoid a convictions on OUI cases with breath test results. If you are found guilty of a second offense, you face a second year license loss but are eligible for an early hardship generally around the six to nine month mark with the Appeals Board. As with any subsequent offense, if you took a Breath test between 2011 and 2019 you can attempt to vacate your prior conviction.

Option 3: Second Offense Refusal where your 1st offense is outside of 10 years

If you refused a breath test and your two OUI offenses are more than 10 years apart, you are eligible for a resolution of your case that would allow you to get your license back prior to the expiration of the three year refusal suspension. You would need an interlock in your vehicle as part of what is referred to as the Cahill Disposition. It still may be in your best interest to fight the case and try for a not guilty verdict; however, have the ability to get a 12 hour license for the balance of the three year refusal suspension, plus the 45 day OUI suspension, and then you would need the interlock for 2 additional years, meaning five total years with the interlock device.

Option 4: Second Offense breath test case where you 1st offense is outside of 10 years

When you take a breath test you only have a 30 day suspension for breath test failure. In this situation you would be eligible to get your license back; however you would have a breath test in your car for 2 years. It still may be in your best interest to attempt to fight the case in court as there are a number of methods Attorney DelSignore uses to contest breath test evidence in court.

The above are the 4 different ways a Second Offense OUI can be resolved; with any cases, the best option is always to win the case at trial with a not guilty verdict.

There are numerous defenses to an OUI case in court. Field sobriety tests can be challenged as unreliable and not relevant to show impairment given that many people cannot do these tests even without consuming any alcohol at all.

While it is easy to get arrested for an OUI given the low burden of proof the officer needs to satisfy to making an arrest, in court, the standard of proof for a conviction is much higher than what is required to make an arrest. At trial, the Commonwealth will have to prove the case beyond a reasonable doubt, which means to the highest degree of certainty in the matter of human affairs. Given that very high burden of proof, often the Commonwealth cannot meet that burden at trial.

If you have questions on a Second offense OUI in Plymouth, call or texts Attorney DelSignore at 781-686-5924.

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