OUI/DUI Second Offense Outcomes

If convicted, the standard disposition for a second offense OUI is not less than 60 days in a House of Correction  (30 days mandatory), but not more than 2 ½ years incarceration; a fine of between $600-$10,000, and a two-year license suspension.

Alternative disposition for a second offense OUI would be 2 years’ probation, our Massachusetts DUI attorney explains, a 14-day confined treatment program paid for by the defendant and a two-year license suspension.

alcohol drink next to gavel

The Registry of Motor Vehicles also requires that the client complete the 14-day confined treatment program and be enrolled in the aftercare program before it will consider granting the 12-hour hardship license.

The penalties (whether a guilty finding after the trial or a plea prior to trial) for a second offense OUI are listed below. For a second or higher OUI offense, an Ignition Interlock device (IID) is required if a hardship license is obtained (an IID is also required during the suspension period only for a Cahill disposition). An IID is a small breathalyzer that is installed in your car. The device is about the size of a cell phone.

An IID is connected to the ignition system and prevents a car from starting unless the driver gives a passing deep lung air sample. The device tests the driver’s blood alcohol concentration (BAC) by measuring the amount of alcohol in a subject’s breath. If the percentage is over .02%, the car will not start.

Standard Second Offender Disposition:

  • Guilty disposition
  • Jail time of not less than 60 days (30 mandatory), but not more than 2.5 years  years
  • Substantial fines ($600 to $10,000)
  • Two-year driver’s license suspension with a work/education hardship considered in one year
    • Installation of an IID for the entire period of the hardship, plus an additional two years after the license has been fully reinstated.

Alternative Second Offender Disposition (§24D):

  • Guilty with two years’ probation
  • 14-day in-patient treatment program (paid for by the defendant)
  • Two-year driver’s license suspension with a work/education hardship considered in one year
    • Installation of an IID for the entire period of the hardship, plus an additional two years after the license has been fully reinstated.
Nate Amendola
Massachusetts criminal defense attorney, helping resolve OUI, domestic violence, drug and criminal charges
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