Operating a vehicle under the influence in Massachusetts carries severe penalties. While a first offense may result in some leniency, subsequent offenses lead to much more serious legal repercussions.
In recent blogs, we have discussed the charges associated with an OUI and the consequences according to Massachusetts State Law. We have also discussed what happens during a traffic stop and a Field Sobriety Test. Today, we are examining the issue of repeat OUIs in the Commonwealth and what the consequences could be, as well as potential defense strategies on your behalf.
Let’s examine this legal issue and how our team can help support and provide legal counsel against this serious charge.
What Is an OUI?
Operating Under the Influence, is a criminal offense for operating a motor vehicle while impaired by alcohol or drugs. The parameters of this charge include being under the influence of alcohol with a Blood Alcohol Content (BAC) of 0.08% or higher, or demonstrating impaired driving ability due to alcohol consumption. It also includes being under the influence of drugs that impair the person’s ability to operate a motor vehicle safely.
Repeated OUI Offenses
The more OUI convictions a defendant has, the harsher the penalties will be.
2nd Offense
With a second conviction of OUI comes jail time from a mandatory 30 days to 2.5 years. It also involves fines from $600-$10,000 and license suspension of two years with an Interlock Ignition Device installed in the owner’s car.
A plea negotiation may bring the fine and jail time down with the agreement to enroll in a 14 day in-patient rehabilitation program.
3rd Offense
A third conviction can result in mandatory jail time from 180 days to 5 years in prison and up to $15,000 in fines. A loss of license for up to 8 years with an Interlock Ignition Device needed once suspension or hardship period has been met.
4th Offense
A fourth OUI conviction could mean 2-5 years in prison with a 1-year mandatory and fines up to $25,000. License suspension is for 10 years and forfeiture of the vehicle to the government for no compensation is possible. An Interlock Ignition Device is required for two years after the license has been reinstated.
5th & Subsequent Offense
Upon the fifth and subsequent convictions, the defendant faces 2.5 to 5 years in prison with 2 years mandatory, fines up to $50,000 and a loss of license for life. Forfeiture of your vehicle to the government, without compensation, is also part of this level of conviction.
Important MA Considerations
Insurance Premiums
Other consequential considerations in the state of Massachusetts include the dramatic rise in car insurance that will result from a conviction relating to an OUI. Repeat OUI offenders usually see 150% to 300% increases in their premiums based on data with the insurer, which can make driving prohibitively expensive.
Child Endangerment
If a child was in the car during the incident and a conviction resulted from an OUI, you could face child endangerment charges, which adds 90 days to 2.5 years of jail time and $1,000 to $5,000 in additional fines because of minor passenger penalties.
Felony OUI
A second and subsequent OUI conviction could be charged as a felony if it involves serious injury or death to another person.
Potential Defense Strategies
While every defense is unique, talk to your legal team about issues such as unlawful traffic stops, the validity of the Field Sobriety Test, the calibration of the Breathalyzer Test or the presence of medical conditions that could mimic impairment. Talk to our team at the Law Office of Patrick Conway. We are ready to support your legal needs.