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Avoiding Jail on Third Offense Massachusetts OUI Charge

Attorney DelSignore advice when charged with OUI 3rd Offense

Attorney DelSignore discusses the possibility of jail time after being charged with an OUI third offense

Can you avoid jail for a third offense drunk driving charge in Massachusetts? It is possible, however one of three things must occur for this to happen:

  1. You are found not guilty on the underlying charge of drunk driving.
  2. The Commonwealth agrees to reduce the charge from a third offense DUI to a second offense DUI, and agrees to a probationary sentence on a second offense OUI.
  3. If you are found guilty of drunk driving, there will be a separate trial to determine how many prior DUI convictions you have. This trial may take place before a judge or a jury. If you had a jury trial on the underlying OUI offense, you will most likely have the same jury again. This time, the jury will determine how many OUI convictions you have had in your lifetime.
What does an OUI Trial Consist of in determining the level of Offense?

Typically in these situations, a defendant will select to have a bench trial to determine the number of prior DUI convictions. At this trial, the Commonwealth will need to present evidence that demonstrates you are the same person previously convicted for DUI in another Court. This is done through a certified copy of your court records.

Additionally, your Registry of Motor Vehicle record and/or your probation record will be used. If a judge does not find sufficient evidence to prove beyond a reasonable doubt that you are the same person that had the prior DUI convictions, you may on your current offense be found guilty of only a second or first offense OUI.

What are the Odds of Avoiding Jail when charged with a Third Offense?

Avoiding jail time on a third offense OUI will depend on several factors including:

  • The district attorney handling the case
  • The strength of the Commonwealth’s case against you
  • Your age during your prior convictions. For example, if your prior convictions are further in time away from your most recent arrest, the district attorney is more likely to amend or reduce the level of offense you are currently charged with.

1. To receive more information about avoiding jail time on a third offense Massachusetts OUI charge, you can call the office line at 508-455-4755 or Attorney DelSignore’s cell phone at 781-686-5924.

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Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire