Fourth Offense OUI
For these reasons it is crucial that you hire the best Massachusetts OUI/DUI/DWI defense attorney possible to defend you, and to help win your case and avoid potentially negative disadvantageous legal consequences. Attorney Patrick J. Murphy has an impressive advocacy record, and he is especially talented in the complex area of Massachusetts OUI law.
The legal, emotional, and societal costs associated with a fourth offense OUI are significant and require an experienced attorney to help guide you through the process. Considering that a fourth offense OUI is deemed a felony in Massachusetts, it is important to recognize the reality and seriousness of the charge. The penalties enforced for a fourth offense OUI include:
- Fine: $1,500 to $25,000
- Incarceration: Mandatory minimum of 1 year, maximum sentence of five years
- Driver’s License Suspension: 10 years (Eligibility for a work/education hardship license considered in 5 years; general hardship in 8 years. If you refused the breath test your license is suspended for LIFE.)
- Interlock Ignition Device required to be installed in your car, at your own expense, before you may be granted a hardship license and for an additional 2 years after your full license is reinstated.
In Massachusetts, M.G.L. 276 § 58A governs the bail hearings and dangerousness hearings for anyone accused of felony offenses, or for crimes containing an element of threatened use, attempted use, or actual use of physical force against another person. These hearings are typical in assault cases, and repeated OUI charges may lead the prosecution to request for a dangerousness hearing. In cases such as these, the Commonwealth may request a Judge to place the defendant on pretrial detention or request the individual released on enhanced conditions. Pending no outstanding reason, the individual must remain in custody until the Dangerousness Hearing, which must take place no later than 5 days after the individual’s arraignment.
After the hearing, if the Judge determines that Personal Recognizance will not reasonably assure the appearance of the person as required, or will endanger the safety of any other person, or the community at large, the Judge has three options:
- Release the accused on personal recognizance (pending the satisfaction of bail);
- Release the accused on specific conditions;
- Order the accused detained for 90 days.
- Restrict drug or alcohol use;
- Restrict the accused from engaging in education or employment;
- Restrict the individual’s travel;
- Require the individual to avoid certain individuals, and/or places of business and residences; and
- Order the accused to surrender any firearms or other weapons.