The penalty for a second offense DUI (OUI in Massachusetts) is a misdemeanor carrying mandatory minimum penalties, including 60 days to 2.5 years in jail and a fine ranging from $600 to $10,000. After a minimum of 30 days served in a house of correction, the court may find a finding of eligibility for parole.
For purposes of sentencing, ourMassachusetts OUI attorneyexplains,the second-time offender is eligible for many of the same benefits as a first-time offender under a §24D disposition including 12 months probation, a driver alcohol education program, 45 to 90-day license suspension (with eligibility for a work/hardship license considered after three business days). A Cahill disposition (or “second chance §24D”) for a second offense OUI can occur when an offender’s second operating under the influence offense occurred more than ten years after his first offense. A Cahill disposition additionally requires the installation of anignition interlock deviceif a hardship license is granted.
Commonwealth v. Cahill
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The term Cahill disposition derives from the case of Commonwealth v. Cahill, which held that the Registry of Motor Vehicles must honor the decision of the court to treat a second offense OUI as a first offense OUI if it occurs more than 10 years from the date of the 1st drunk driving conviction. When calculating the ten-year lookback period, the operative dates are from the first offense conviction date to the new offense date.
This means if you are charged with a second offense OUI and your first OUI conviction or plea (including a guilty plea or a CWOF) was more than ten years ago, the court may dispose of your case under the §24D program. In that case, you will be eligible for the same penalties applicable to a 1st offense OUI charge, including probation for one year, the 45-to-90-day loss of license, and assignment of the §24D program.
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This also means that the Massachusetts Registry of Motor Vehicles must honor that disposition. When applying for a hardship license under a “second chance” or Cahill disposition, there is an additional requirement of an ignition interlock device for the period of hardship plus an additional two years.
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