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Second Offense OUI Defense Attorney

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OUI in Massachusetts is operating a motor vehicle under the influence of alcohol. An OUI occurs when a person is found to be in a vehicle while under the influence of an alcoholic beverage with a Blood Alcohol Content of .08% or higher. A person is under the influence if they have consumed enough alcohol to reduce their ability to operate safely. A second offense OUI is for individuals who have previously been convicted of an OUI. This includes if the result of the first OUI was a Continuance Without a Finding.

Elements of a Second OUI

In every OUI case in Massachusetts, the Commonwealth must prove beyond a reasonable doubt that the defendant did three things:

  1. Operating a motor vehicle;
  2. On a public way; and
  3. While under the influence of intoxicating liquor

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Second Offense OUI Penalty Outcomes in MA

A second offense OUI is considered a misdemeanor in Massachusetts. If convicted of a second offense OUI in Massachusetts, you could face severe penalties. The specific penalties may vary based on circumstanced of your case and your prior OUI record.

Option 1: Guilty Verdict > Standard Disposition

House of Corrections: Not less than 60 days but not more than 2.5 years (30 months)
– Minimum of 30 days

License Suspension: 2 year 
-Work/Education Hardship license considered in 1 year
– General Hardship license considered in 1 year 

Ignition Interlock Device: 2 years
– Must be installed during any hardship license

Fines and Fees: There are fines associated with an OUI Second Offense, but they can range in amount based on multiple factors.   

Option 2: Guilty Verdict > Alternative Second Offender Disposition (§24D)

This disposition is available if the date of the first offense conviction is more than 10 years prior to the date of the second offense. This is called a Cahill disposition.
– Essentially, it allows for a second offense to be treated as a first offense due to the extensive amount of time between the two offenses.

Probation: 2 years

14-Day Inpatient Program: mandatory
– Paid by the defendant

License Suspension: 45 to 90 days
– Work/ education hardship license will most likely be available after the defendant has completed the intake for the first offenders’ program and has shown the necessity of a license to get to work or do their job 

Ignition Interlock Device: 2 years
– Must be installed during any hardship license

Fines and Fees: There are fines associated with an OUI Second Offense, but they can range in amount based on multiple factors.  

Option 3: Not Guilty (Acquittal)

Doesn’t result in a guilty verdict (conviction) on your record. Our office can help seal a criminal record.

Frequently Asked Second Offense OUI Questions

What is Melanie’s Law in Massachusetts?

Melanie’s Law was enacted in 2005 after 13-year-old Melanie Powell was killed by a drunk driver with multiple OUI convictions. The law has created harsher penalties for individuals who have been convicted of more than one (1) OUI. In addition to longer periods of license loss, Melanie’s law cemented the use of the IID for individuals who have more than one OUI conviction.

How does an Ignition Interlock Device Work?

An IID is a device about the size of a cell phone that is connected to your vehicle’s engine. An operator with an IID installed must blow into the device to start the engine. It also requires occasional re-tests while driving. The installation of this device is a cost paid for by the probationer.

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.

Will I go to Jail for my 2nd OUI Offense?

The statute for an OUI second offense allows for a sentence with jail time between 60 days and 2 and 1/2 years. If you are sentenced to jail time, it must be a minimum of 60 days. This sentence can be suspended.

A suspended sentence is a sentence that is imposed but that you don’t have to serve. The sentence “hangs over your head” essentially while you are on probation. If you violate your probation at any point, that sentence can be enforced, and you could be required to do that jail time.

What is a “Hardship License”?

A hardship license, also known as a “Cinderella” license, is a driver’s license that is valid in a specific 12-hour window. This window is typically based on the individual’s work hours.

Can I get a “Cinderella License” after my 2nd OUI Offense?

You can get a “Cinderella license” or a “hardship license” after an OUI 2nd offense conviction. You cannot apply for the license until you are 1 year into your 2 year license suspension. Additionally, if you have not completed the 14-day inpatient program and any necessary post-treatment care, you will not be eligible for a hardship license.

To see if you qualify for a hardship license visit the RMV criteria page.

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Ways Nate Amendola Defense Can Assist You in Overcoming 2nd Offense OUI Charges in Massachusetts

Facing a second offense OUI charge? Do you feel like your life’s on the verge of coming apart at the seams? That is understandable. Whether your arrest follows after a few bad decisions earlier in the night or is completely unsupported, our team is here to support and lead you through the criminal system.  At Nate Amendola Defense we are prepared to:

  • Listen to your narrative;
  • Conduct an investigation by gathering evidence;
  • Outline the next steps;
  • Formulate a tailored defense strategy to protect your rights and future;
  • Provide resources for any underlying problems; and
  • Support you in overcoming any repercussions that may arise

Schedule a Free Consultation with a Massachusetts OUI Defense Lawyer Today

If you or someone you know has been arrested for a second offense OUI, it is important to take the situation seriously and seek legal representation right away. With the right defense strategy, it is possible to minimize the consequences of a conviction. Don’t wait until it is too late. Contact Nate Amendola Defense online or call our office today at 781-650-6676 to schedule a consultation and learn more about how we can help you navigate the legal process and protect your future.

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