Third Offense OUI
The weight of penalties associated with a third offense OUI is much heavier than previous offenses, as this charge carries a mandatory jail sentence. The severity of the penalties fluctuates based on the specific circumstances surrounding your case. Therefore, it is imperative that you contact an accomplished Massachusetts criminal defense attorney, such as Patrick J. Murphy, to receive a free and confidential assessment of your case. If convicted of a third offense OUI, the penalties range from:
- Fines: $1,000 to $15,000
- Incarceration: 150 days to five years
- License Suspension: Eight yearsInterlock 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
- Completion of 90 day in-house treatment program to be eligible to apply for hardship license
In order to prove a third offense OUI, the prosecution must offer evidence proving a conviction for the underlying OUI offense. The elements of the crime that must be satisfied are:
- That you were operating a motor vehicle;
- That you did so on a public way; and
- At that time, the percent of alcohol in your blood was 0.08 or greater 1.
ATTAINING A HARDSHIP LICENSE AFTER THIRD OFFENSE OUI
To apply for a hardship license, the Massachusetts Registry of Motor Vehicles requires the completion of certain alcohol programs for OUI offenders. This program requires all individuals convicted of a third offense OUI charge to attend and complete and mandatory alcoholism evaluation by the Massachusetts Department of Public Health or another similar court approved program. In addition, those individuals must complete a 90-day residential in-patient DUI treatment program and all required aftercare components which will include individual counseling and mandatory AA attendance.
In the event that you are convicted of a third offense OUI, having an intelligent and experienced lawyer fighting to defend you can be a life changing decision. 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 resources to successfully defend your third offense OUI case. 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. As a dedicated lawyer, Attorney Murphy is available 24/7 to discuss your case.