Massachusetts Fourth Offense OUI
- Request for Bail at arraignment;
- Possible request for Dangerousness hearing to hold a defendant without bail;
- Mandatory jail time upon conviction.
Given these serious consequences and the different treatment the charge will receive in Court, you need to hire a lawyer whose practice is dedicated to defending OUI cases to ensure the best chance of success at trial.
- The arraignment will generally involve a bail request and may include a request for pretrial detention.
- Upon conviction, there is mandatory jail time and the likelihood of a 2.5 year sentence to the house of correction
- 4th Offenses typically require a jury trial.
When you are charged with a Fourth Offense Massachusetts DUI, it likely that the Commonwealth will request a dangerousness hearing to hold you without bail for up to 90 days.
While in many cases the request for a dangerousness hearing will be denied, it does require you to hire an experienced Massachusetts drunk driving defense lawyer to contest the require for detention on the dangerousness hearing motion. In some cases, the judge will allow for a detention of anywhere from 3 to 7 days prior to the hearing being scheduled.
If the request is granted, you are held without bail for 90 days unless the request is overturned on appeal to the superior court. In most cases, a 4 th Offense is likely to result in a cash bail even if the dangerousness request is denied.
If you are charged with a Massachusetts Fourth Offense OUI, call for a free consultation at (781) 686-5924 or (508) 455-4755. It is important to hire a lawyer with a proven record of success as soon as you are charged with a Fourth Offense OUI.
As a dangerousness hearing could result in jail time, you should familiarize yourself with these hearings; feel free to read more about them on our website here.
To read more about Melanie’s Law and how it could have an impact on you if found guilty of a fourth offense OUI, visit our website today.
In this case, my client was arrested and charged with an OUI 4th after a Reading police officer alleged that he failed the nine-step walk and turn field sobriety test, was unsteady on his feet during the encounter, and had slurred speech. My client owned a business and has two children currently enrolled in college. With a lot on the line for the client, Attorney DelSignore eagerly got to work; he obtained video surveillance from a car dealership which showed the defendant, and was able to have the clients’ breath test results excluded from trial. At trial, Attorney DelSignore used the video evidence to show the client was not unsteady on his feet and the client was ultimately found not guilty, avoiding a mandatory one year jail sentence.4th Offense OUI Found NOT GUILTY After Trial in Wrentham
In this case, the client was charged with a 4th offense OUI by the Plainville Police Department and was alleged to have failed field sobriety tests and told the officer that they consumed three glasses of wine earlier in the night. My client opted to take the breath test which yielded a .14 result. After a motion hearing, the breath test was excluded from evidence at trial. Attorney DelSignore argued to the jury that the client was nervous when performing the field sobriety tests and was not driving erratically as the police initially alleged. After a jury trial the client was found not guilty
A Massachusetts Fourth Offense OUI is a charge that carries a mandatory minimum one year jail sentence. Upon conviction after trial on a Fourth Offense, you may face the maximum jail sentence of 2.5 years if the case remains in the district court. Because a Fourth Offense OUI is a felony, the Commonwealth could seek an indictment and have the case brought to superior court where you would face a greater potential sentence, including state prison time of up to five years.
Upon conviction of a fourth offense, you will lose your driver’s license for ten years. As with a third offense, a fourth offense OUI will likely involve you having to post some cash bail.