What happens if this is not my first OUI offense?
The Massachusetts law prosecutes multiple OUI offenders very harshly. In 2005, Melanie's Law was passed to amplify the sanctions and penalties for OUI offenders with previous convictions. This law established the new offense of Operating under the Influence of Alcohol and Operating after Suspension for Drunk Driving.
If you are convicted of an OUI with a previous conviction on your record, you can be charged with two crimes simultaneously: 1) OUI and 2) OUI with a suspended license. Each subsequent conviction can result in stricter penalties.
The potential punishments for multiple OUI offenses depend upon the number of convictions:
- Fine of $600 to $10,000
- Jail sentence of 30 days minimum, and up to 2 1⁄2 years total
- License suspension of 2 years; a general hardship license will be considered after
- 1 year, with mandatory installation of ignition interlock devices
- Fine of $1,000 to $15,000
- Jail sentence of 150 days minimum, and up to 2 1⁄2 years total
- License suspension of 8 years; a general hardship license will be considered after
- 4 years, with mandatory installation of Ignition Interlock Device
- Fine of $1,500 to $25,000
- Jail sentence of one of the following, based on the court's discretion:
- House of Corrections: 1-year minimum, and up to a total of 2 1⁄2 years
- State Prison: up to 5 years o License suspension of 10 years; a general hardship license will be considered after 8 years, with mandatory installation of Ignition Interlock Devices
- Fine of $2,000 to $50,000
- Jail sentence of 2 5 years in State Prison
- Lifetime license suspension with no possibility of a hardship license
Choose the support of a strong legal advocate, choose Attorney Joseph Bernard! Call (413) 731-9995 for a free case evaluation on multiple offenses!
If you were previously convicted of operating under the influence, it is absolutely imperative that you enlist the support of an experienced OUI lawyer. Attorney Bernard understands the dire consequences you are facing and will examine every aspect of your case to develop a comprehensive defense strategy. He has defended countless OUI cases and possesses a thorough understanding of the state laws and legal system.