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Fourth Offense OUI

In Massachusetts, it is a crime for an individual to operate a motor vehicle while under the influence of drugs or with a blood-alcohol content of 0.08 or higher for those 21 years of age or older, or 0.02 if you are younger than 21. Massachusetts is one of the harshest states in the US and imposes some of the most severe punishments. The implementation of Melanie’s Law in 2005 even further increased the penalties associated with OUI. It is important to know any subsequent offense after the second conviction is considered a felony, and the sentence contains mandatory incarceration.

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.

Dangerousness Hearing

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:

  1. Release the accused on personal recognizance (pending the satisfaction of bail);
  2. Release the accused on specific conditions;
  3. Order the accused detained for 90 days.

If the Judge determines that the accused may be released, he may chose to impose restrictions on the individual, such as:

  • 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.

Upon being charged with a fourth offense OUI you face the potential for a dangerousness hearing, and you should immediately consult with an experienced Massachusetts criminal defense attorney. 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 negative repercussions. Attorney Murphy has successfully represented clients in Massachusetts for 18 years and possesses the knowledge and training to help you. For additional information, please contact the Law Office of Patrick J. Murphy today for a free and confidential legal consultation by calling (617) 367-0450 or completing the contacts tab on our website.

Client Reviews
★★★★★
"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a criminal wanton destruction of property charge in Barnstable District Court. On the day of the case, he was at the courthouse waiting for me and my wife. Mr. Murphy handled the hearing in a very thorough and professional manner putting us through our testimony and making a powerful argument to the decision maker. My case was thrown out and I could not be happier with the service from Attorney Murphy. I highly recommend him to you as a skilled legal advocate!" Rob, Avvo User
★★★★★
"Excellent Criminal Defense Lawyer. From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and able to get the criminal complaint against me dropped without ever becoming charge! Would highly recommend this attorney to anyone seeking a top quality defense attorney to handle their case!" John, Avvo User
★★★★★
"OUI Not Guilty Verdict. Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the prosecutions witnesses. He was very professional and available at anytime night or day to answer questions." Chris, Avvo User
★★★★★
"Highly Skilled and Professional Lawyer. Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole process that I was in good hands and would receive the best possible outcome in my case. Would highly recommended Attorney Murphy." Avvo User
★★★★★
"I Felt That I was in Good Hands... and I Was! Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks with confidence. He doesn't stutter or pause while put on the spot. He treated me with respect. He listens. He always greeted me with a warm welcome and never wasted any time." Avvo User