Massachusetts DUI Laws
Receiving a DUI, or driving under the influence charge, in the state of Massachusetts carries strict penalties that often require the services of a Massachusetts DUI attorney. A decent Massachusetts DUI lawyer will often fight for the minimum end of the incurred charge, but due to mandatory minimums, individuals charged with a DUI will still receive hefty penalties that include possible jail time, thousands of dollars in fees, and the suspension of driving privileges.
Based on these often meager outcomes, many charged with a first, second, third, fourth, or fifth offense will hire a Massachusetts DUI attorney. Also, receiving a DUI, or OUI in Massachusetts–also known as operating under the influence–means a driver is subjected to recent strict additions of Melanie’s law that makes the hiring of a Massachusetts DUI lawyer that much more pressing.
Since a first offense can indicate jail-time, many convicted will opt for a Massachusetts DUI attorney on the first charge. A first offense could carry up to thirty months in jail, total fines that can approach five-thousand dollars, license suspension for one year, and a court assigned alcohol treatment program.
One good reason to hire a Massachusetts DUI lawyer is to help argue for the court to allow the driver to opt for the treatment program and receive a reduced sentence. This is not always offered, however, and is only even considered for a first charge.
After receiving a second DUI, or OUI charge, the penalties increase dramatically often inspiring defendants to hire a Massachusetts DUI attorney. The second charge includes possible 30 days to two-and-a-half years of jail time, six-hundred to ten-thousand dollars worth of fines, and a suspended driver’s license for two years.
Usually, an ignition interlock device is required with a second offense, and if the defendant can cite certain enough hardship, they can receive their license back in one year–this is usually aided by a Massachusetts DUI lawyer.
Again, the penalties associated with a third offense jump considerably prompting a convicted driver to hire a Massachusetts DUI attorney. Although this will not be cheap, it often trumps the cost associated with attempting to navigate a third DUI or OUI charge without any legal representation.
A third offense can result in jail time of one-hundred fifty days up to five years, a suspended license for eight years, and a required interlock device. Again, a driver can claim hardship–often aided by a Massachusetts DUI lawyer–and attempt to receive their license back after two years.
A fourth offense of DUI or OUI can cause one to five years of jail time, fines between one-thousand five hundred and twenty-five thousand dollars, a ten year suspended license, and only eligible for hardship claim after five years
Fifth Offense: Similar to the fourth offense, a Massachusetts DUI or OUI for the fifth time can carry fines up to fifty thousand dollars, two to five years in jail, and a permanently suspended license.