WHAT ARE MY OPTIONS?

 You have 2 options, you either plea/admit to the charges or you can fight the case. I am a Board Certified OUI lawyer who handles approximately 40-60 trials a year, successfully defending 7/8 out of 10 cases.  I am also the Chairperson of the Massachusetts Continuing Legal Education (MCLE) course on Handling OUI case and RMV Matters.  Essentially I show other lawyers how to defend OUI cases.

If your prior offense was more than 10 years ago, you may be eligible for a first offenders disposition. Call for a free case evaluation: 888.684.6494

Given the severity of the penalties for a second offense there is little benefit to just pleading to the case.  The penalty even if you lose your case will be the same as a plea to the case.  Every case is different and you may receive additional conditions of probation not listed below.

PENALTIES:

  • You will receive a Guilty finding with a term of probation.
  • You may receive a jail sentence of not less than 60 days (30 day mandatory), not more then 2 years.
  • Fine: $600-$10,000.
  • Your License will be suspended for 2 years.  You will be eligible for work/education hardship considered in 1 year.
  • Ignition Interlock device required under G.L. ch. 90, § 24 ½.
  • Note: A Refusal Suspension does not run CONCURRENT with any conviction or admission suspension.  Therefore, you license may be suspended for 4 years prior to being eligible for a hardship license. (3 year breath test refusal plus 1 year of conviction suspension.)
  • A Commercial Driver License (CDL) will likely be taken for a Lifetime.

Under the OUI statute there is an Alternative disposition available to most:

  • You will be found Guilty with 2 years probation.  There will likely be a suspended jail sentence associated with your plea or guilty finding.  That is, if you violate your probation a judge can put you in jail for a predetermined period of time.
  • You will have to enter into and complete a 14-day inpatient treatment program paid for by the defendant (approx. $1000).  There will also be 26 weeks of an aftercare program.
  • Your License will be suspended for two years, work/education hardship considered in 1 year.
  • Ignition Interlock device required under G.L. ch. 90, § 24 ½.
  • Note: A Refusal Suspension does not run CONCURRENT with any conviction or admission suspension.  Therefore, you license may be suspended for 4 years prior to being eligible for a hardship license. (3 year breath test refusal plus 1 year of conviction suspension.)

You need a board certified drunk driving defense lawyer with a proven record of success. Call Attorney Milligan for a free case evaluation today: 888.684.6494

If your prior offense was more than 10 years ago, you may be eligible for a first offenders disposition. Calculated from the date of conviction for your prior offense to the date of the offense for the most recent offense.

  • This sentence consists of a Guilty finding.
  • You will receive 2 years of probation.
  • Fees and Fines of approx. $2100.
  • An additional license suspension of 45-90 days.  Note: A Refusal Suspension does not run CONCURRENT with any conviction or admission suspension.
  • You may be eligible for a hardship license, 12 hour license seven days a week.  Should you decide to retain my services I will help you get a hardship license.
  • Ignition Interlock device required under G.L. ch. 90, § 24 ½.

If you fight your case and WIN, upon order of the court your license will be returned. If you fight your case and lose, the penalties will likely be the same as above.  The only difference is that if you lose after a trial, you will receive a conviction.

If you’ve been charged in Massachusetts with 2nd offense drunk driving or operating under the influence of alcohol you need an attorney who is certified in drunk driving defense and has a proven record of success.

MASSACHUSETTS BOARD CERTIFIED DRUNK DRIVING DEFENSE LAWYER

Massachusetts board certified drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County. If you have been charged with 2nd offense drunk driving DUI DWI OUI in Massachusetts, contact Attorney Milligan for a Free Case Evaluation.