Both the OUI and the prior conviction(s) must be proved in separate trials. you would first be tried on the underlying OUI offense and, if convicted, will be tried on the subsequent offender notice. Evidence of prior convictions may be proven simply by the introduction of certified copies of original court papers, accompanied by a certified attested copy of the biographical and informational data from official probation records.
It is important to a second offense OUI to fully flesh out any underlying issues into your level of culpability. Have Attorney Bernard evaluate your case and strategize with you to avoid enhanced penalties. Your consultation is free with no pressure or obligation- just legal knowledge and years of experience at your fingertips!
The license loss that usually occurs as a result of a plea and/or guilty finding is separate and distinct from any license loss incurred as a result of refusing the breath test or taking it and registering a reading of .08 or higher. The length of the license loss is directly related to whether it is a first or subsequent offense. Regardless of any disposition worked out at the court or how an offense is charged, the Registry of Motor Vehicles will look at your driving history and suspend the license based upon prior offenses listed in your driving history.
