You have two options: plea (admit to the charges) or fight it and go to trial.
If this is your first OUI offense, the standard plea disposition (often called a “24D” disposition) usually looks like the following:
- CWOF (continuance without a finding). This is a non-conviction disposition. It means you are not pleading guilty, but you are
- acknowledging that the Commonwealth has sufficient facts to support a guilty verdict by a judge or a jury.
- One year of probation
- Fees and fines that are generally around $1,400
- Driver’s license suspension of 45 to 90 days
- Hardship driver’s license of one 12-hour block, 7 days per week
If you take your case to trial and are found guilty, the penalties are generally the same as above, except there is a “guilty” charge on your record.
If this is your second OUI offense, you may choose to bring your case to trial because the penalties are the same as if you tried the case and lost. Therefore, in most situations, there is no benefit to a plea on a second offense.
Generally, the penalties (whether a guilty finding after trial or a plea) for a second offense are as follows:
- Guilty disposition
- Jail time of not less than 60 days (30 mandatory), but not more than 2 years
- Substantial fines ($600 to $10,000)
- Ignition interlock device installation
- Suspended driver’s license for two years
- A hardship driver’s license is not available
Alternative 2nd Offender Disposition:
- Guilty with two years’ probation
- 14-day in-patient treatment program (paid for by defendant)
- Two-year driver’s license suspension with a work/education hardship considered in one year
Don't Take the Consequences Lightly
As an experienced OUI defense attorney, I will advise you of your options and help you secure the best possible outcome given your situation. Don't make the mistake of not consulting an attorney. Your freedom may depend on it! My practice represents clients within South Shore, Massachusetts and its surrounding counties.