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Cohasset Drunk Driving Lawyers

1. Ivimey, Stuart: Massachusetts OUI/DUI Law In Massachusetts OUI is commonly known as Òoperating under the influenceÓ of alcohol, Òdrunk drivingÓ, Òdriving under the influenceÓ, Òdriving while intoxicatedÓ, etc. Massachusetts OUI is commonly known as Òoperating under the influenceÓ of alcohol, Òdrunk drivingÓ, Òdriving under the influenceÓ, Òdriving while intoxicatedÓ, etc. First Offense Penalty * Jail: Not more than 2 1/2 years House of Correction * Fine: $500-$5,000 * License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months Alternative Disposition (1st Offense OUI) - Called the Ò24DÓ Program * Plead to Continuance without a Finding also known as a ÒCWOFÓ is not a guilty plea; however, your penalty will likely be the same as if you tried the case and lost. * You will pay several fines and fees Ð costing you thousands of dollars. * Your car insurance will greatly increase. * One year of probation, which you will also pay for. * Mandatory participation in 16 week (1 hour) alcohol-drug education program paid, which youÕll also pay for. * Drivers license will be suspended up to 90 days (plus any penalty for refusing to take the breathalyzer test). If youÕre under 21 years old then your license will be suspended for 210 days. * Can apply for a hardship license right away, in most cases. Second Offense OUI Law Penalty * 60 days jail time (30 day mandatory), not more then 2 1/2 years * Fine up to $10,000 * Your Drivers license suspension for 2 years. YouÕre eligible for a hardship license for work or school (only) one year; otherwise, you canÕt seek a hardship license hardship license for 18 months. (If you refused to take the breath test or you failed it (.08 or higher) then you cannot receive a hardship license or full license restoration for three years. * You must install an interlocking device in your car for two years. You must pay for the device and its installation cost. Alternative Disposition (2nd Offense OUI) * Probation Ð two years Ð you must pay a monthly fee. * Inpatient alcohol treatment, which you must pay for. * Two years suspended license; however youÕll be eligible to apply for an education / work hardship license after one year. YouÕll have to wait 18 months to apply for a general hardship license. * You must install an interlocking device in your car for two years. You must pay for the device and its installation cost. * You may be eligible for a 24D disposition if a prior OUI was more than ten years ago Ð in which case you will incur the same penalties as if it was a first time OUI. Note however that the Registry of Motor Vehicles will not treat the second OUI as a first offense; instead, it will treat the offense a second OUI. Third Offense OUI Law Penalty * Jail - No less than 180 days and must serve 150 days of the 180 up to 5 years State Prison. A third offense OUI may be considered a felony for purposes of punishment. * You may serve the sentence at a prison drug/alcohol treatment program. * Fine up to $15,000 * License suspension - 8 years, but you may apply for a work/education hardship after two years; otherwise youÕll need to wait four years for a general hardship license. Fourth Offense OUI Law Penalty * Jail Ð two years, which you must serve at least one year up to five years. A fourth offense OUI may be considered a felony for purposes of punishment. * Fine Ð up to $25,000 * License suspension Ð ten years, but you may apply for a work/education hardship after five years; otherwise youÕll need to wait eight years for a general hardship license. * The Commonwealth of Massachusetts can seize and keep your car. * You must install an interlocking device in your car. You must pay for the device and its installation cost. Fifth Offense OUI Law Penalty * Jail: Two and a half years, which you must serve at least two years up to five years. A fifth offense OUI may be considered a felony for purposes of punishment. * Fine Ð up to $50,000 * Your drivers license will be revoked for life. You cannot apply for a hardship license, ever, if you'r convicted for a fifth offense OUI.