Massachusetts OUI License Suspensions for every offense Level–From DelSignore Law

Attorney Michael DelSignore has been helping people avoid Massachusetts OUI Convictions for over 20 years. It is a job that he loves and he is known in Courts throughout Massachusetts for OUI Defense. In this Blog post, you will have listed the Penalties and Consequences of an OUI in Massachusetts at every offense level.

General Penalties and Court Costs

If you are convicted of OUI in Massachusetts or admit to sufficient facts and receive a CWOF on a first offense OUI, you will have to pay the following costs associated with your drunk-driving conviction:

$500 fine
$50 Victim of Drunk Driving Assessment
$250 Head Injury Assessment
Cost of enrollment in the Alcohol Education Program, known as the 24D program: approximately $ 1350.00. The cost of this program may change but at the time of this writing it is $ 1350.00.
License reinstatement fees for breathalyzer test failure or refusal: $500
Fee for full license reinstatement: $500

Other costs associated with an OUI conviction in Massachusetts include loss of employment opportunities and restrictions on ability to get a commercial driver’s license, as an OUI conviction will result in a one-year suspension of a CDL license and increased insurance costs. When assessing whether to take a charge of OUI to trial in Massachusetts, it is important to consider the costs associated with a conviction. In many cases, the right decision is to contest the allegations at trial.

Breathalyzer Refusal or Breath Test Failure

One of the common misconceptions of Massachusetts OUI law is that you cannot get your license back until the case is resolved. This is not the case for most charged with a First Offense OUI.

When you are charged with drunk driving in Massachusetts, you are likely to face an administrative license suspension unless you took a breathalyzer test and the reading was under .08. In that case, you will have no administrative license suspension. Additionally, if you were involved in an accident and brought to the hospital, you may not have been offered a breath or blood test, in which case there will be no suspension prior to the resolution of the OUI offense, unless the RMV issues an indefinite threat suspension.

Penalties FOR EACH OUI OFFENSE AND WHAT YOU NEED TO KNOW

First Offense OUI

If you have been charged with an OUI for the first time, you should know that first offense OUI trials are the most common type of trial in the District Court. The reason is that in most cases the judge will not penalize you for exercising your right to trial. If you are found guilty after a trial, most judges will impose a guilty finding along with the requirement that you complete the 24D alcohol education program, suspend your license for 45 days, and place you on probation for one year. This is the same disposition that you would have received had you resolved the case through plea agreement; the only difference is that the court would likely have given you a CWOF, or continuance without a finding rather than impose a guilty finding. A CWOF is technically not a conviction but will show up on your record, and in many cases has the same consequences as a conviction. Accordingly, for many, there is little downside to taking a first offense OUI to trial.

Additionally, given the lifetime look back for prior OUI convictions and the enhanced penalties for subsequent offenses, it is often advisable to try to avoid having a first offense OUI conviction. Anyone charged with a first offense OUI should speak to an attorney and understand the defenses to their case prior to accepting a plea.

Second Offense OUI

If you are charged with a Second Offense OUI, You face enhanced penalties for refusing the breathalyzer test and if you are convicted you face a significantly longer license loss along with a more restrictive probationary period.

A second offense OUI charge requires you to understand some immediate potential consequences to your license. If you refused a breathalyzer test, your license will be suspended for three years as a result of the refusal.

There are two categories of second offense OUI charges: (1) those where the second offense is within 10 years of the first offense, and (2) those where it is more than 10 years since the first offense. The resolution of a second offense OUI will depend on whether the first OUI conviction was more or less than 10 years from your current arrest.

Given the severity of the license loss for a second offense, many charged with a second offense will elect to take the matter to trial to avoid these consequences.

Third Offense OUI

A third offense drunk driving charge in Massachusetts carries with it mandatory jail time of six months and an eight-year license loss. With a third offense OUI, your case will likely go to trial as a result of the seriousness of the penalties and mandatory jail time. In some cases, the Commonwealth may amend the charge to a second offense to allow a judge to impose probationary conditions rather than jail time. In some counties, it is more difficult than other counties to obtain an agreement by the District Attorney to reduce an offense level from a third offense to a second offense. Even if the charge is amended, the license loss will be eight years because the RMV will consider you a third offender for license purposes.

Fourth Offense OUI

This charge carries with it a maximum sentence of 2.5 years in the district court and a minimum mandatory jail sentence of one year in the house of correction along with a 10-year license loss.

When you are charged with any subsequent offense OUI, including a fourth offense, the jury does not know about the prior offenses. A separate proceeding is held if you are convicted of drunk driving, where the Commonwealth has to prove the number of prior OUI convictions you have had in your lifetime. With a fourth offense charge, the only way to avoid jail time is by obtaining a not guilty verdict at trial. It is possible the Commonwealth may agree to a reduction of the charge of a third offense; however, it is very difficult to have a 4th offense reduced to a 2nd offense. One option to avoid jail and reduce the charge is to file a motion for new trial on one of your prior offenses.

IMPORTANT NOTE FOR THOSE WITH PRIOR OUI OFFENSES: you may be able to vacate or reopen old OUI convictions or Pleas.

If you have a prior OUI offense between, 2011-2019 where you took a breath test, you may be able to vacate this conviction by filing a motion for new trial. If the motion for new trial is successful and you have a pending OUI offense for example a second offense, it will reduce the offense to a first offense. You will now have two pending first OUI offenses in Court. This is beneficial because it will reduce the breath test refusal suspension from three years to 180 days. You still could be forced to go to trial on the old OUI case, but in many cases, the witnesses may not be available and the case could get dismissed. In some cases, the District Attorney will still be able to prosecute the old OUI case. Even if you are convicted, you will be better off with your license and will not face additional court penalties. Attorney DelSignore has gotten numerous prior OUI offenses dismissed after filing a motion for new trial so this is a very effective way to avoid severe license consequences when charged with a subsequent offense OUI.

If you have questions about an OUI Offense and the penalties, reach out to Attorney DelSignore at 781-686-5924 by call or text. His Website is the best resource for accurate information on OUI laws in Massachusetts.