Third Offense OUI

The Commonwealth of Massachusetts imposes strict laws on drunk drivers. A Massachusetts third offense OUI is a felony offense; in which case it is extremely vital to seek legal counsel when faced with this charge. Only an experienced Massachusetts criminal defense attorney will be educated in the specific laws and matters of OUI. This legal knowledge and experience enables Attorney Patrick J. Murphy to construct the most legally persuasive defense strategies and obtain the most favorable outcome in OUI cases.

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 years 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
  • Completion of 90 day in-house treatment program to be eligible to apply for hardship license

Prosecution’s Burden of Proof

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:

  1. That you were operating a motor vehicle;
  2. That you did so on a public way; and
  3. At that time, the percent of alcohol in your blood was 0.08 or greater 1.

The state is then compelled to prove beyond a reasonable doubt that you were previously convicted of an OUI. In the event that they are successful, a defendant is entitled to a separate trial before a Judge or jury to determine how many prior convictions exist. In order for the Commonwealth to prove a prior OUI conviction, they must provide certified copies of the dockets of your prior convictions evidencing that you are the same individual who has two prior convictions. This is actually much more difficult than it sounds, as the state must have clear and convincing evidence, which is difficult to attain if the conviction is old or anyone involved in the original case made a mistake. With the implementation of Melanie’s Law, Massachusetts adheres to the Lifetime Look-Back Law which means that any and all prior convictions or alcohol program assignments count as prior convictions.

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.

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