Fifth Offense OUI

A fifth offense OUI in Massachusetts is considered extreme and should not be taken lightly. The Commonwealth characterizes this offense as a criminal felony. There are a wide range of penalties which can typically result, including prison time and a lifetime revocation of your vehicle registration. As of April, 2018, if you are charged with a fifth offense OUI in Massachusetts, the prosecution will likely seek a high bail and request a dangerousness hearing as provided by M.G.L. 276 § 58A. If you are facing a fifth offense OUI, do not risk your life or your freedom; contact the most qualified Massachusetts OUI/DUI/DWI attorney immediately for a free and confidential assessment of your case. Boston criminal defense lawyer Patrick J. Murphy possesses the legal knowledge to achieve the most favorable outcome through the implementation of the most legally compelling defense strategies in OUI cases.

Facing criminal charges of any kind is a serious matter, but with the implementation of Melanie's Law in 2005, Massachusetts has sought to impose heavy fines and penalties for those charged with multiple OUI offenses. Additionally, under Melanie's Law, if you already have a suspended license and are found operating a vehicle under the influence, you will receive both penalties for driving with a suspended license and OUI penalties. If you are found operating a vehicle under the influence with a child who is under 14 years old as a passenger, you will be charged with child endangerment and OUI offenses simultaneously.

Recognizing the seriousness of your charge and the penalties attached to it will enable you and your attorney to present the most aggressive legal defense to your OUI charge. Fifth and sixth OUI offenses in Massachusetts are punishable by:

  • Fines: $2,000 to $50,000
  • Incarceration: Minimum: 2.5 years in a house of correction or in a state prison, Maximum: 5 years in a state prison
  • Driver's License: Lifetime revocation without the possibility of hardship license
  • Additionally, the Registry of Motor Vehicles may seek to cancel your vehicle's registration plates for the duration of the license suspension
  • The District Attorney's Office may also seek the forfeiture of your vehicle.
  • Your judge may also decide that you must complete a substance abuse treatment program or OUI education program

Seventh and Eighth OUI Offenses in Massachusetts are punishable by:

  • Fines: $2,000 to $50,000
  • Incarceration: Minimum: 3.5 years in state prison, Maximum: 8 years in state prison

Ninth Offense OUI in Massachusetts is punishable by:

  • Fines: $2,000 to $50,000
  • Incarceration: Minimum: 4.5 years in state prison, Maximum: 10 years in state prison

The consequences of a felony conviction are life altering; a felony on your record may lead to your exclusion from job and educational opportunities, a significant debt to the court, as well as other undesirable repercussions. Only a Massachusetts criminal defense attorney who is well versed in the area of OUI law will be able to explain your legal rights and help you navigate through the complex and stressful situation with which you are faced. Boston criminal defense attorney Murphy possesses this knowledge and for decades he has successfully represented clients in Massachusetts. For additional information or for a confidential and free legal consultation, please contact the Law Office of Patrick J. Murphy today by calling 617-367-0450 or completing the contact form on our website.

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