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In Massachusetts, the offense of operating under the influence (OUI) is regulated by the Massachusetts General Laws Chapter 94, § 24(1). This crime is also known as Drunk Driving or Driving Under the Influence of alcohol, drugs, or other intoxicating substances.
OUI’s consequences become more severe with each subsequent offense. If you are facing a third-offense DUI, it is crucial to understand the law, potential penalties, and your legal options.
1. License Suspension
One of the most immediate penalties of a third-offense OUI/DUI conviction is suspending your driver’s license. In Massachusetts, your license will be suspended for up to 8 years if you’re convicted of a third-offense OUI/DUI.
However, you may be eligible for a hardship license after a two-year wait period, which allows you to drive to and from work, medical appointments, and other essential activities during specific hours. To obtain a hardship license, you’ll need to provide proof of hardship and complete an alcohol education program.
2. Fines and Fees
If you are found guilty of a first-time OUI offense, you may be required to pay a fine. Typically, state law dictates that this fine can range from $1000 to $15,000, in addition to a $250 assessment fee.
Depending on the court’s decision, additional charges may also be imposed, such as a $50 OUI victim fund fee. The overall cost of defending a third-time OUI offense can increase when considering the expense of hiring a skilled injury attorney and the potential rise in insurance rates.
3. Incarceration
You could face a mandatory minimum of 150 days up to 5 years in jail if convicted of a third-offense OUI/DUI in Boston. The length of your sentence will depend on the circumstances surrounding your case, such as the severity of the offense, your blood alcohol concentration (BAC) level, and whether or not you caused any property damage or injury to others.
4. Alcohol Education Program
As mentioned earlier, third-time OUI/DUI offenders in Massachusetts must complete a state-approved alcohol education program. This program is designed to provide education on the dangers of drinking and driving and help prevent future offenses.
The program typically consists of 16 sessions over several weeks and may include group discussions, lectures, and films about the consequences of impaired driving.
5. Ignition Interlock Device
In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle.
An IID is a breathalyzer that prevents your car from starting if it detects alcohol on your breath. If the court orders you to use an IID, you’ll be responsible for the installation and maintenance costs, and you must use the device for a specified period.
6. Insurance Consequences
A third-time OUI/DUI conviction will also impact your car insurance premiums. After a sentence, you’ll be considered a high-risk driver, which means your insurance rates will likely increase significantly. In some cases, your insurance provider may even cancel your policy.
If you’ve been charged with a third-offense OUI/DUI in Boston, it’s crucial to consult with an experienced injury attorney as soon as possible. A lawyer can help you understand your rights and navigate the complex legal process.
They can also work to build a strong defense on your behalf, potentially helping you avoid the harsh penalties associated with a conviction.
The third conviction carries significant criminal penalties that can affect your life in various ways. If you’re facing charges, it’s essential to seek legal representation to ensure the best possible outcome for your case.
Remember, an OUI/DUI sentence is not the end of the road – with the proper support and resources, you can overcome the challenges it presents and move forward with your life.
If you’re searching for a reliable and trustworthy second offense OUI attorney, look no further than Markey Law Partners. Our team consists of highly skilled and committed lawyers who are experts in personal injury law and have a history of delivering successful results for our clients. Allow us to put our expertise and dedication to work for you – schedule a consultation with us today!
Call us today for a free consultation: 877-488-2667 or 781-248-4803
Boston Location:
30 Kneeland St #201, Boston MA 02111
* Denotes results that are confidential cases Attorney Joe Markey settled or won by verdict at his previous firm.
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