Getting arrested for Operating Under the Influence (OUI) of alcohol or other drugs in Massachusetts can have a serious impact on the offender’s life, whether or not they are ultimately convicted. However, with each subsequent OUI, the penalties become increasingly severe, and the impacts on the offender’s life become more and more serious.
If you are arrested and charged with a fifth OUI, it is absolutely essential that you contact an experienced OUI attorney in Massachusetts who will work to minimize the charges and the penalties that you are facing. Read more below about the penalties associated with this charge, as well as other specifics to this charge that are different than the first four OUI charges you have faced.
We offer an initial consultation where we will be able to discuss your charges, your criminal history, the circumstances of your arrest, and more. You are facing a mandatory minimum jail sentence, extensive fines, as well as a lifetime loss of your driver’s license with this felony charge. The sooner you contact us, the sooner we can begin working on the immediate issues to ensure that each step of this process is handled appropriately and that we do not miss any necessary procedures that will help you through this process.
Read more below about the specifics of a fifth OUI charge in Massachusetts below.
What Are the Penalties of a Fifth OUI in Massachusetts?
A fifth OUI is a felony, and comes with a mandatory minimum jail sentence, and a possibility of between 2.5 and 5 years. There is no possibility of parole before serving two full years, and your sentence will not be suspended. Additionally, you will be liable for up to $50,000 in fines to the State of Massachusetts, which can be extremely detrimental to your life upon your release from jail.
You will also lose your license permanently, with no chance of a hardship license or ever having it reinstated. The combination of a possible $50,000 in debt, a criminal record, and no ability to drive yourself to work will cause serious problems for an offender, regardless of their overall financial situation. The District Attorney may also file a motion to seize your vehicle, where you will permanently forfeit it to the state. It is also highly likely that you will be required to complete a substance abuse treatment program as a term of your conviction.
Keep in mind that the aforementioned penalties are baseline penalties for a fifth OUI, and do not account for any other violation, such as being found in possession of an open container of alcohol, possession of controlled substances, driving with a suspended license, or endangering a child if there is a minor under the age of 15 in your vehicle during your OUI arrest. These additional charges will cause all penalties to increase significantly.
After You Have Completed Your Sentence
Upon the completion of your jail term, you will then need to serve time on probation, where you will need to pay additional fees each month for a probation service fee. The length of your probation will depend on a variety of factors, such as your criminal record beyond your OUI history, as well as any other sort of enhancements that you may have been charged with during your fifth OUI.
Fighting a Fifth OUI Charge
It is important that you understand how high the stakes are in this trial, given your criminal history and the mandatory penalties that come with a conviction for this crime. Because you are facing staggering fines, significant mandatory jail time, and many other penalties that will impact you for the rest of your life, the most important thing that you can do is to partner with a highly experienced attorney to navigate this complex case. Under no circumstances is it recommended that you attempt to represent yourself through a case as significant as this, because the details and legal know-how required to get through this case with a best possible outcome involves significant experience.
Contact Us Today
If you have been charged with a fifth OUI in Massachusetts, contact us immediately to get an experienced OUI attorney working on your case today. The sooner we act, the sooner we can identify all of our possible options and start building your defense to determine how we will proceed through this case and how we may work towards the best possible outcome given the serious circumstances and significant penalties we are up against.
Massachusetts is notoriously strict in terms of Operating Under the Influence, and we have years of experience that will be a major asset to you during this highly involved case.