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.
“Thank you for representing me in court. Everything worked out for the better. I have been attending all my AA meetings, consulting at Catholic Charities and meeting with my probation officer. I haven’t had a drink since the day I went to court and everything is great at home.”
“Dear Elliot, Just a short note filled with heartfelt thanks for your help and support in my defense during my court appearance. I can’t begin to express how grateful I am knowing this foolish incident and its aftermath is finally over. Thank again, so very much.”
“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”
“Dear Elliot, People are not immune to the ‘fortune’ in their life. The bright side is that someone is out there to save them. You are the person saving my fate. You represent ‘integrity and justice.’ You are the best lawyer on earth.”
“Dear Mr Savitz, Thank you so much for all your hard work, as well as your persistence on my case. I really appreciate your sensitivity in dealing with me on this matter. I feel good about the outcome of my case and am grateful to you for resolving it quickly.”
“I really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”
“I wanted to thank you again. I’m at the end of my probation period. I could not have done it without you. You were such a great support. I just want to let you know I appreciated everything you did.”
“I cannot begin to tell you how much I’ve appreciated your most sincere guidance & support. This has been one of the most difficult years we’ve been through with our son. We could not have hoped for a more positive outcome.”
“We were absolutely astonished and very grateful for how Elliot handled our son’s case and would highly recommend him to anyone who is in need of legal council!”
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