A second DUI charge is a misdemeanor in Massachusetts (unless there is some escalating factor). This means, under normal circumstances, there is no risk of going to a federal or state prison. However, defendants still face the possibility of local jail time for second DUI convictions.
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Should You Fight Your Second OUI Charge?
It’s almost always beneficial to fight a second OUI charge instead of pleading guilty. Here are the three central reasons why:
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Will My License Be Suspended After a Second DUI Conviction?
A second DUI conviction will result in a suspension of your Massachusetts driver’s license. However, the suspension’s length and your eligibility for a hardship license can vary depending on your case’s circumstances.
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Is Getting a Job with 2 DUIs Possible?
There is no law that prohibits employers from hiring people with two DUIs on their criminal record.
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What Happens if You Get a Second DUI Charge?
If you’ve been arrested for DUI for the second time, it’s natural to feel scared. A second DUI offense threatens you with more significant consequences and fewer options for leniency than those available to first offenders.
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What is the Massachusetts OUI Statute?
The Massachusetts OUI Statute is a collection of laws, regulations, and consequences described in Chapter 90, Section 24 of Massachusetts General Laws. Together, these laws determine how the Commonwealth of Massachusetts will treat instances of: “Operating a motor vehicle Under the Influence of alcohol or drugs” (OUI).
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Can You Go to Jail for a Second DUI Charge in Massachusetts?
Facing a second DUI charge in Massachusetts is a stressful experience. Massachusetts has some of the harshest penalties for DUI/OUI convictions in the country, and as a result, any DUI conviction could lead to jail time.
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Here’s What Massachusetts Law Says About Underage DUI Charges
Facing an underage DUI charge is no small matter. The usual DUI consequences are harsher for drivers under the legal drinking age in Massachusetts, and the penalties for a DUI under 21 can have lasting effects on your life.
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What are the Consequences of a Second OUI in Massachusetts?
A second OUI in Massachusetts is usually considered a misdemeanor. Don’t let the label fool you though; a second Massachusetts OUI is a serious charge that often carries severe consequences for your driver’s license and your overall well-being.
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Can You Get a DUI for Driving Under the Influence of Prescription Drugs?
While there is a stark contrast between prescription drugs and alcohol, driving while impaired by either of them carry similar consequences. Driving under the influence of legalized prescriptions, including marijuana, is still illegal and can result in a suspension of your driver’s license, and in some cases, time in prison.
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How Will Multiple DUI Charges Affect Your Ability to Get a Job?
Job hunting with a DUI on your record can feel like an uphill battle. If you’re convicted of a DUI or OUI, then that conviction will reside on your criminal record. This record—known as your CORI, or “Criminal Offender Record Information”—will be accessible to employers.
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Is a Second OUI Charge Considered a Felony or Misdemeanor?
In the state of Massachusetts, receiving a second DUI or OUI charge is not necessarily a felony. In most cases, First and second OUI charges are often counted as misdemeanors, while a third charge (and beyond) would be classified as a felony. However, there are exceptions to this rule, and you should know what they are.
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Everything You Need to Know About the Breathalyzer Test
A breathalyzer test can be frightening for a driver who is pulled over when they’re uncertain whether or not they are safely below the legal limit for blood alcohol content (BAC). After all, breath evidence is a cornerstone in decades of drunk driving cases, as it provides law enforcement with numerical evidence of intoxication that traditional methods like the Field Sobriety Test and officer observation cannot.
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What Happens If You Get an OUI in a Boat?
It is illegal in Massachusetts to operate any sort of watercraft (jet ski, canoe, kayak, sailboat, rowboat) while impaired by alcohol—not just engine-powered yachts and speedboats. Harbor/Marine Patrol, the Coast Guard, and the Massachusetts Environmental Police all have the authority to arrest you for OUI on a boat, which is sometimes called “Boating Under the Influence of drugs and alcohol” (BUI).
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What to Do if You Fail a Massachusetts Breathalyzer Test
Failing a breathalyzer test at a traffic stop or Massachusetts sobriety checkpoint will get you charged with OUI in Massachusetts. This can have a tremendous impact on your life, and you might feel frightened or unsure of what to do next. Here are four steps that will help you defend yourself from the consequences.
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5 Things You Should Know About DUI Blood Tests
With the current legal controversy around breathalyzer evidence in Massachusetts, there are no quick and easy options for police officers to introduce chemical proof that you are above the legal limit for alcohol in DUI cases. At the same time, charges for driving under the influence of drugs are on the rise with the state’s legalization of cannabis.
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How Strict Are the Massachusetts OUI Laws Compared to Other States?
A 2017 study conducted by WalletHub (and reported on by Marketwatch) ranked Massachusetts as tied for 22nd on the list of strictest DUI laws among U.S. states. This would place Mass in the top half on overall DUI strictness but roughly average in comparison to the rest of the states. According to this list, red states tend on average to be less lenient than blue states, but Massachusetts is among the stricter blue states.
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What Happens When You Get a DUI On a Motorcycle?
You might wonder whether driving drunk on a motorcycle carries the same consequences that it does when you drive a car. Legally, the laws and consequences are the same when you get a DUI on a motorcycle as they are for any other motor vehicle.
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Massachusetts Breathalyzer Problems May Cause Results to be Dismissed
When it comes to convicting someone of a DUI, there are few pieces of evidence more commonly cited than the breathalyzer. For better or for worse, breathalyzer results tend to hold a lot of sway over the final decision made in court. However, as reports of Massachusetts breathalyzer problems continue to flood in, things are starting to change.
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Do First Offense DUI Charges Result in Driver’s License Suspensions?
First offense DUI charges can feel like they grind your life to a halt. Not only are you going to have a lot of questions and concerns to deal with, but depending on your situation, you may be without a driver’s license too.
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How Will a 3rd DUI in Massachusetts Affect Your Driver’s License?
It’s not easy getting around without a driver’s license. Public transit is great, but the lack of flexibility can be a hassle to deal with, especially if you’re used to driving yourself to wherever you have to go. This is one of the many reasons that getting your driver’s license suspended after a 3rd DUI can be such a stressful experience.
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How Long Could You Spend in Jail for a Third DUI Conviction?
Not only does a third DUI (and any subsequent offense) classify as a felony in Massachusetts, but the consequences for a conviction are harsh, and usually involve mandatory time spent in jail.
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What to Expect When Facing Multiple DUI Charges in Massachusetts
DUI laws in Massachusetts are incredibly strict and rank among some of the harshest in the country when it comes to the penalties for a conviction. If you have multiple DUI charges on your Massachusetts record, then getting charged again can leave you in a tough spot, to say the least.
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Should You Accept a First Offense DUI Plea Bargain?
Getting charged with a first offense DUI doesn’t have to derail your life. Since most courts favor treatment over punishment, many first offenses can be resolved through some form of DUI plea bargain.
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Is it Possible to Have a DUI First Offense Dismissed in Court?
If you’ve been charged with a DUI first offense in Massachusetts, then there are probably some questions going through your head. What kind of consequences could I be facing? How should I prepare for the trial in DUI court? Is it possible to get the DUI dismissed?
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