Massachusetts Fourth Offense OUI
Watch the video to learn how a fourth offense differs from a second or third offense OUI charge
- 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 or help a loved one find a lawyer whose practice is dedicated to defending OUI cases to ensure the best chance of success at trial.Things to know if you are charged with a Fourth Offense DUI:
- 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.
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.
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 4th 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.