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Massachusetts Second Offense OUI

Key Takeaways:
  1. OUI second offense—when 1st offense is within 10 years and you refused the breath test, you will likely have to win the case to avoid the 3 year breath test refusal suspension.
  2. OUI second offense when the 1st offense is outside 10 years gives you the opportunity to get your license back sooner with what is called the Cahill Disposition.
  3. Massachusetts OUI law counts prior DUI convictions from Massachusetts or other states regardless of how long ago the offense occurred.

A second offense OUI in Massachusetts involves heightened potential penalties in terms of license loss and the potential for jail time. While a first offense involves a slim chance of a court imposing jail time, it is more difficult to predict on a second offense.


2 year license loss.

Requirement to install an ingition interlock device as a condition of reinstating your license.

Possible jail time, though many judges will impose an alternative sentence.

Completion of a 14 day in-patient program.

When the court treats a 2nd offense OUI as a first offense OUI, because the 2 offenses happened 10 years or more apart. You are eligible for a shorter license loss. You will have to install the ignition interlock in your car for two years if you took a breath test or five years if you refused a breath test.


If a second offense occurred more than ten years after the first offense, there is a possibility that a motorist can avoid the 14 day in-patient program and two year loss of license if the court treats the second offense as a first offense and imposes the first offender 24D disposition. If the court treats the second offense OUI as a first offense OUI, sometimes referred to as a second chance first offense, then a motorist will be eligible to get a hardship license immediately with the additional requirement of installation of the ignition interlock device.


Attorney DelSignore discusses the penalties of a Second Offense OUI

In some cases a motorist is charged with a first offense, even through the motorist has a prior out- of-state DUI conviction that the district attorney did not pick up on. In those cases, the Registry will generally have notice of the prior DUI conviction. If a motorist resolves the case with a first offender disposition, the registry will impose the second offense license consequences.

Accordingly, if you have any prior DUI offenses, the license consequences will be governed by your lifetime history of DUI convictions in Massachusetts and in all other states. Given the license consequences and restrictive probationary conditions, often the best approach is to contest the matter at trial. A jury will not know that your have a prior offense as that information is inadmissible at trial.

Defenses to a Second offense OUI, include but are not limited to the following:

  • Contesting claims of erratic driving, sometimes a view of the roadway does not confirm the officer’s description in the police report;
  • Challenging the officer’s opinion that field sobriety tests show you were under the influence of alcohol.
  • Excluding any breathalyzer evidence from trial.
  • Filing a motion to suppress to contest the basis of the stop; this tactics worked in a recent OUI second Offense from Worcester County, where the entire case was dismissed as a result of the failure of the Commonwealth to prove that the alleged caller accurately identified the defendant as the alleged erratic driver reported to be all over the road.

A Second offense can result in jail time. Many judges will impose an alternative disposition even after trial on a second offense OUI in Massachusetts. Under the alternative disposition, a defendant would receive a suspended jail sentence with the requirement that the motorist complete the 14-day in-patient program. If a judge refused to impose the alternative disposition the jail sentence can be a maximum of 2.5 years in the house of correction, but would likely be in the sixty to ninety day range, but could be longer depending on the severity of the offense.

What to do Next

A Second Offense OUI charge is an offense that Attorney DelSignore routinely defends in courts throughout Massachusetts.

You can call him directly at 781-686-5924 to discuss your case.

Recommended Pages You can check out the following pages for further information on second offense OUI charges.

At DelSignore Law, we have many reviews and case results for second offense OUI charges. We get many referrals from other lawyers who know that we have a reputation for successfully defending OUI cases in Court.

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