Massachusetts Third Offense OUI
For those charged with drunk driving for the third time, there are three questions that are typically asked immediately after the arrest:
- What are the potential penalties upon conviction?
- Will I have to post a cash bail?
- Can I avoid jail time?
This page will address these common concerns and hopefully help individuals facing a third offense OUI charge make a more educated, well rounded decision on their next step.￼What are the potential penalties when charged with a Third Offense OUI?
- A Massachusetts third offense OUI carries a mandatory minimum jail sentence of six months with no parole eligibility until at least 150 days of the sentence is served.
- A Third Offense is also considered a felony offense that imposes additional penalties. Anyone convicted of a felony OUI offense is required to submit to a DNA test.
- The license loss for a third offense is EIGHT YEARS for the conviction and could result in an additional suspension if you refused the breathalyzer test.
- If you refused a breath test and have 2 prior OUI convictions, the license loss for the breath test refusal is five years.
If you are charged with a 3rd offense or higher Massachusetts OUI, bail is likely to be an issue. The amount of bail is determined by a number of factors, including:
- Criminal record
- Ties to the community where the arrest occurred
- Employment history
- Record of failing to appear in prior cases, referred to as number of defaults.
- Strength of the Commonwealth’s case.
In addition to having to potentially post a cash bail, a third offense OUI in Massachusetts carries the potential that the Commonwealth will seek to hold you without bail as being a danger to the community under the Dangerousness statute that authorizes the Commonwealth to hold an individual for up to 90 days without bail.
While dangerousness hearings are not common with a Third offense, it is authorized by statute. This hearing would involve the officer testifying to the facts of the case and the Commonwealth putting forth evidence that no conditions of release can assure the safety of the community.
If you or a family member faces a Massachusetts Third Offense OUI charge, you need to hire an experienced OUI attorney in Massachusetts to appear at the arraignment to defend against a request for bail and to challenge any request to hold you without bail.
You can call Attorney DelSignore directly at 781-686-5924 to speak to him about the best options for a third offense OUI.
To Learn more about a Third Offense OUI, you can visit the following pages: