Getting an OUI has a serious impact on the offender’s life, both personally and professionally, and the impacts become more and more serious with each OUI that they are charged with. While a first or second OUI are each considered misdemeanor offenses, a third, fourth, or fifth OUI is a felony and has fare more serious penalties than a misdemeanor. Understanding that the stakes are significantly higher, you will want to be in contact with an attorney as absolutely soon as possible.
Contact us as soon as possible for a free initial consultation and have your bail request completed. The stakes are high for this arrest and these charges, and the penalties on conviction are much higher than the previous incidents. You may face mandatory minimum jail time, and between 2-5 years total incarceration. In addition, you will need to submit a bail request or otherwise remain detained during your trial. It is likely that you will have a jury trial for this OUI offense, and you will need to be partnered with an experienced OUI attorney who understands Massachusetts OUI law and the criminal courts.
What Are the Penalties of a Fourth OUI in Massachusetts?
A fourth OUI is a felony charge, and comes with some serious penalties upon conviction. In addition to a 10-year license suspension from the Registry of Motor Vehicles, a guilty conviction for a fourth OUI with no additional enhancements includes fines of up to $25,000, a mandatory minimum jail sentence, and up to 5 years total incarceration. Keep in mind that any additional charges stemming from the arrest, as well as the offender’s criminal history beyond charges of Operating Under the Influence, can impact these penalties and sentences as much, if not more, than the first three OUI convictions.
Additionally, it is likely that the state will request that you are held for 90 days without bail because you are a danger to yourself and others, as illustrated by continuing to operate motor vehicles while intoxicated. We will work to ensure that this request is denied, which is another reason that you begin working with an OUI attorney immediately instead of waiting until your case has already begun.
After You Have Completed Your Sentence
After you have served your jail sentence and the license suspension, you may be granted one more chance to have driving privileges. If you get your license back after this 10-year suspension, you will be required to pay a variety of administrative fees to the RMV, and will need to install an interlock ignition device at your own expense. You will have to continue to use the IID for 2 years, meaning you will need to pass a breath test each time you need to turn your vehicle on.
Refusing a Breath Test
If you refuse a breath test with three previous OUI convictions on your record, you will automatically lose your license for the rest of your life. However, we will fight to ensure that your breathalyzer results are inadmissible as evidence in court, which is a common tactic in an OUI defense. If we are able to get your breathalyzer results taken out of consideration, then this will give us a big advantage while working through the rest of the evidence that the arresting officers present during your trial.
Additionally, you will have no option to apply for a hardship license if you refuse a breath test during your arrest. If this is the case in your arrest, we will need to submit an appeal within 15 days of your arrest to attempt to have your license reinstated, which is a much more complicated process with multiple OUIs on your record. However, it is important that we attempt to pursue these options if this is the case, so that we can keep our options open through the rest of the trial.
Contact Us Today
If you have been arrested and charged with a fourth OUI, contact us as soon as possible. As you can see from above, there are significant penalties that come with a conviction on this charge, and the best thing you can do is to partner with an experienced OUI attorney in Massachusetts to fight for the best possible outcomes.
