Dedham Second Offense OUI Lawyer
A second offense OUI charge can be intimidating. You might think that because you have committed a second offense, your legal options are limited but that is not the case. An experienced defense attorney can examine the facts of your case and go over your legal options with you. Work with a Dedham second offense OUI lawyer could devote the time and resources necessary pursuing a positive outcome for you.How Courts Treat Second-Offense DUI Charges
A second offense is a serious charge, but the person will probably still be released on their promise to appear in court. Depending on the severity of the charge, the defendant may have pretrial conditions of release, such as alcohol or drug testing, but the case will proceed similarly to a first offense.
The defendant will be offered the standard plea, and if they take it to trial, there is the possibility of jail time. While, often, it is not imposed, it cannot be assumed that the judge is just going to give probation on a second offense even though, in many cases, a defendant still can get the alternative disposition, which is completing a 14-day alcohol education program.Sentencing for Second Offenses
In a second-offense DUI charge, the standard recommendation is going to be that, if the defendant pleas out, the defendant will undergo a two-week inpatient program, aftercare, which takes about a year, and two years of probation. There probably will be a suspended jail sentence of 60 to 90 days and a two-year license loss.
If the person's two offenses are outside of 10 years, they may be able to get a resolution as a second-chance first offender where they will only lose their license for 45 days, have to do the 24-D Program again, and pay the fines and fees as if it is a first offense. If someone has got a second offense, it matters whether it is within or outside of 10 years.
If it is outside 10 years, the person is eligible for a more lenient treatment. However, they are going to have to get the ignition interlock device and do the 14-day inpatient program. If they go to trial and lose in Dedham on a second offense, they are probably still going to get probation, depending on the severity of the case. They may get jail time on a second offense depending on the strengths and weaknesses of the case and the particular judge in the trial session that day. A skilled Dedham second offense OUI lawyer can help the individual navigate the trial process and could advocate for a more lenient sentence.What is the Impact of a Guilty OUI Plea?
If a person were to plead guilty, what typically happens in Massachusetts on a first offense is that they would be a given a continuous letter of finding for one year, 24(d) alcohol treatment program, and a 45-day loss of the license on top of any suspension for breath test refusal or failure. In subsequent offenses, it will depend on the facts. There are varying penalties depending on how many similar offenses are on a person's record and depending on the facts of the case.Reasons to Plead Guilty
Somebody can certainly receive probation after Plea deals in Dedham OUI cases. Typically, they would receive probation after a plea for a first offense or second offense. After the second offense, a person would be looking at mandatory jail time.Building a Defense
Defenses are no different whether they are for a first or second offense. The jury does not know that it is a second offense in Massachusetts, so attorneys defend the case the same way as they would a first offense. A skilled Dedham second offense OUI lawyer can examine the facts of the case, and use the resources at their disposal to determine what defense strategies work best for the accused.Consequences of Breath Test Refusal for Repeat Offenders
If a person refuses a breath test, their license is suspended for three years. If they take the test and fail, it is suspended for 30 days. After 30 days, they can get the full license back. If they refuse the breath test, it is a three-year suspension.There is an appeal process. The license suspension appeal process is the same regardless of offense level. However, it is difficult to get the refusal or return on appeal. The best way to get the license back after a second offense is to be found not guilty. Then, there is a presumption of reinstatement on the three-year refusal suspension. However, the refusal penalties do go up significantly for a second offense. A Dedham second offense OUI lawyer can attempt to mitigate the penalties that an individual may face.Working With a Dedham Second Offense OUI Lawyer
If you have been charged with a second offense OUI, it is imperative that you work with a skilled defense attorney. A Dedham second offense OUI lawyer may have experience defending individuals who are repeat offenders and could use their knowledge to build a solid case for you. Work with a qualified OUI attorney and know that you are in capable hands.