OUI Conviction Penalties in Massachusetts
There are 3 ways toresolve a DUI case. The case can either be dismissed, tried to a judge or a jury, or a defendant can offer a plea. Because OUI cases are a public safety concern, it’s uncommon to have a straight dismissal. The vast majority of cases are either tried or plead. If the case is tried and anot guiltyverdict is rendered, there are no penalties (aside from any driver’s license issues as a result of failing the breathalyzer or refusing to take it). If the case is tried and a guilty verdict is rendered, ourMassachusetts OUI attorneyexplains, then a judge hand down a sentence.
Afirst offenseis a misdemeanor.A defendant faces a maximum of 30 months in a house of correction, fines between $500-5,000, and asuspended licensefor 1 year, with a work/hardship license considered in 6 months, and a general hardship license considered in 9 months.
For a free legal consultation, call (781) 740-0800
A second offense is also a misdemeanor.A defendant faces a maximum of 3 months in ahouse of correctionbut shall serve not less than 60 days (30-day mandatory), fines between $600-6,000, and a suspended license for 2 years, with a work/hardship license considered in a year.
A third offense is a felony.A defendant faces not less than 180 days (150 days mandatory), and not more than 5 years in state prison, a fine between $1,000 and 15,000, and a suspended license for 8 years, with a work/education hardship considered in 2 years.
A fourth offense is a felony.A defendant faces not less than 24 months (1 mandatory), and not more than 5 years in state prison, a fine between $1,500 and 25,000, and a suspended license for 10 years, with a work/education hardship considered in 5 years.
A fifth offense is a felony.A defendant faces not less than 30 months (24 months minimum mandatory) and not more than 5 years in state prison, a fine of $2,000-50,00, and a suspended license for life.There is no possibility of a hardship license.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
