The Penalties for OUI / DWI / DUI Massachusetts

The Penalties for OUI / DWI / DUI Massachusetts

In Massachusetts, there are different punishments for OUI / DWI / DUI, depending on the number of prior convictions.

For a first-time OUI/DWI/DUI Massachusetts, the driver can be sentenced up to 2 ½ years in jail and a loss of license for up to one year. For a 2nd offense, the driver can be sentenced up to 2 ½ years and a loss of license up to 2 years. However, there is a minimum mandatory sentence of 60 days in jail. For a 3rd offense, the driver must serve a minimum of 5 months in jail, up to 5 years, and a loss of license up to 8 years. For a 4th offense, the driver must serve a minimum of 1 year in jail, up to 5 years, and a loss of license of 10 years. For a 5th offense, the driver must serve 2 years in jail, and a permanent loss of license.

Alternative Sentences for OUI/DWI/DUI Massachusetts, including the Cahill Disposition for 2nd Offenders

For a 1st offense, instead of imposing jail time and loss of license up to 1 year, the judge can impose a 45-day loss of license, 1-year probation, a 16-week drunk driving course and statutory fines and fees. For a 2nd offense, instead of a minimum of 60 days in jail and up to 2-year loss of license, the judge can impose a 14-day in-house drunk driving course, along with the 2-year loss of license. However, if the first conviction was more than 10 years prior, the judge can impose a Cahill disposition, in which the DUI is treated as a 1st offense, pursuant to the 2004 decision of the Massachusetts Supreme Judicial Court in Commonwealth v. Patrick J. Cahill. If the judge so chooses, he/she is allowed to sentence a 2nd offender to 1-year probation, a 16-week 1st offender drunk driving course, 45-90 day loss of license, with a hardship license. For any 2nd offense DUI, including a Cahill disposition, the Massachusetts Registry of Motor Vehicles will require an Ignition Interlock Device (IID) for a minimum of 2 years plus the suspension period. In addition, a driver who is charged with a 2nd offense OUI and refuses a breath test, will have his/her license suspended for an additional 3 years.

Defending Against an OUI / DWI / DUI Massachusetts

Considering the harsh penalties imposed by Massachusetts for any violation of its drunk driving laws, it is crucial that the driver hire an experienced Massachusetts criminal lawyer, with a track record of success, as soon after the arrest as possible. The attorney can review the police report and complaint and advise the driver of his/her viable options, including a plea, jury trial or bench trial. The attorney can also explain the complicated legal process, so the driver is prepared for the arraignment, pre-trial conferences, motions, plea, etc. Together, the driver and Massachusetts criminal lawyer can develop a winning legal strategy.


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Criminal Defense Attorney

If you are facing criminal charges, call The Law Offices of Elliot Savitz & Scott Bradley, at (781) 974-3429.

We are available 24/7 and can assess your criminal charges over the phone to quickly determine your best course of action. Then, our law office will represent you in court as we fight together against your charges.

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