Fifth OUI Offense Attorney in Quincy
By the time you have reached your fifth
OUI offense, you are likely an easy target for prosecutors who want to prove
that you are guilty of the accused offense. By being charged with operating
a vehicle while under the influence (OUI) of drugs or alcohol in Massachusetts,
you are at risk of facing serious penalties. Those penalties only become
more severe with each additional previous conviction.
Whatever the facts are that led to your arrest, you will need to immediately
seek legal counsel so you can protect your future. Having an extensive
record of OUI offenses only makes it more imperative that you have the
Quincy OUI lawyer who can aggressively attack the arguments of the prosecution on your behalf.
By reading the information below, you can learn more about the law surrounding
OUI, potential penalties for fifth-time offenders and the type of legal
representation you will need when fighting such charges.
Harsh Sentences for Fifth-Time Offenders
General Laws Chapter 90, §24(1)(a)(1) (2012), A conviction for an individual who has had four or more previous convictions
or assignments to a drug or alcohol program can result the following sentences:
- Imprisonment for no less than two-and-a-half years and a fine of $2,000
- Imprisonment for two-and-a-half years to five years and a fine of $2,000
A person receiving such a conviction will able to have his or her sentence
reduced to less than two years, nor will he or she be eligible for furlough
time, probation, parole or deductions of sentencing for good conduct.
The individual will also not be eligible to have the sentence suspended.
Sentences can also become more severe with the presence of other factors,
such as whether the offense was an
OUI with injuries.
Driver's License Suspensions and Revocations
When you are accused of an OUI, you are believed to be a hazard to other
drivers on the road. For that reason, the Massachusetts Department of
Transportation's Registry of Motor Vehicles (RMV) is legally required
to suspend or revoke your driver's license or right to operate a vehicle.
This can become effective upon an OUI arrest, a refusal to submit a chemical
test—such as a
breath test or blood test—on the arrest date or an OUI conviction. Sometimes, you are subject
to a suspension before any proof has even been shown that you committed
the crime. Individuals who are accused or convicted of the offense are
subject to the highest level of such revocations and suspensions.
Suspected fifth-time OUI offenders who receive a conviction or who refuse
chemical tests when requested by law enforcement can have their licenses
suspended or revoked for their entire lives. Anyone with three to four
previous offenses will have to undergo these types of penalties compared
to those with fewer offenses, who only have to deal with suspensions and
revocations that last several years, at most. In addition to this, drivers
can receive suspensions that start on the day of arrest when chemical
tests show that they exceeded the legal limit for drinking and driving.
Individuals with two or more convictions—including fifth-time offenders—can
be forced to have an Ignition Interlock Device (IID) installed on their
vehicles. With this device, they will be forced to submit a breath sample
each time before driving. Their vehicles will not start if their BAC levels
are above 0.02%.
Building a Strong Defense
You might feel hopeless when dealing with this type of situation. You do
not, however, have to give up just because you have a driving record that
can be used against you. There are strategies that can be used in your
defense, whether they involve analyzing the law enforcement officer's
procedures in testing your for impairment or the accuracy of the tests
themselves. It will be difficult to do this alone if you are not a trained
legal professional with an in-depth knowledge of how the court system
works. For that reason, you should not hesitate in calling my firm, Flanagan
& Associates. I,
Dave Flanagan, am an OUI defense attorney in Quincy, who provides clients with aggressive
As a reliable Quincy OUI attorney, I work with individuals located throughout
Quincy, Weymouth and the greater South Shore area. One thing I do with
my clients is make sure I am easily accessible to them at all times, whether
that is through phone calls, text messaging or other forms of communication.
Call my office so you can receive a complimentary initial consultation.