Quincy DUI Attorney
Fourth Offense of OUI
When you have a history of
multiple OUI offenses, being charged with another OUI/DUI can be very threatening to
your future. The more of these offenses you have on your record, the harsher
the penalties you are likely to receive upon arrest and conviction. Operating
a vehicle while under the influence of alcohol or drugs, is a crime that
is taken very seriously in the state of Massachusetts. The state has created
new laws in recent years that enhance certain penalties for OUI offenders.
For that reason, individuals who are accused of this offense—especially
if they are considered repeat offenders—will need a highly skilled
attorney to help them build strong defenses.
By the time an individual reaches his or her fourth alleged OUI, this person
is at risk of spending several years in prison, paying tens of thousands
of dollars in fines and losing his or her driving privileges for a decade,
along with other potential penalties. Yet even with three previous convictions
or assignments to drug or alcohol programs, an accused offender can still
have a chance at avoiding a new conviction, or at least lessening the
potential impact of one.
The individual, however, should turn to a legal professional who fully
understands the state laws relating to OUI and who can aggressively fight
on his or her behalf. My firm,
Flanagan & Associates, can fill that need. Below is more information about fourth-time OUI offenses
and the steps an accused individual can take for protection.
Potential Sentences for Fourth-time OUI Convictions
While a first-time conviction can lead to up to a couple of years in jail
and a fine of $5,000 at most, someone who is convicted for a fourth-time
OUI offense is subject to much harsher penalties. If an individual has
been convicted or assigned by a court to a drug or alcohol program for
three previous OUI-related offenses, he or she could face a couple of
different sentencing options. The person could either be sentenced to
imprisonment ranging from two years to two-and-a-half years and a fine
ranging from $1,500 to $25,000, or imprisonment ranging from two-and-a-half
years to five years with the same fine amount, according to
General Laws Chapter 90, §24(1)(a)(1) (2012).
If convicted, the offender will have to spend a year in prison before being
eligible for parole, probation, furlough or deductions to the sentence
for good behavior. It will also not be possible to get the sentenced reduced
to less than a year or suspended. Such sentences not only drastically
damage a person's quality of life, but they also affect the individual's
family and financial security. It is important that if you are facing
a fourth conviction that you speak with a Quincy OUI lawyer as soon as
possible because time is of the essence.
Losing the Right to Drive
When someone is convicted of a fourth OUI offense, the Massachusetts Department
of Transportation's Registry of Motor Vehicles (RMV) can suspend or
revoke that individual's driver's license for 10 years. That is
10 times longer than the suspension or revocation period for a
first-time OUI offender, who would only lose his or her driving rights for a year.
Thanks to laws implemented in Massachusetts in recent years, the penalty
for fourth-time offenders who refuse to submit to chemical tests are much
more severe—these individuals can lose their driving privileges
for a lifetime, according to the RMV. These license suspensions are separate
from other driving restrictions that become effective the day of the alleged
offense due to a blood alcohol concentration (BAC) of 0.08% or higher.
Drivers with this kind of OUI history can also be forced to install Ignition
Interlock Devices (IIDs) in their vehicles. Under
Melanie's Law which was implemented in 2005, these drivers will have to keep the device
installed for two years following the reinstatement of their driver's licenses.
Importance of a Strong OUI Defense Attorney in Quincy
When it comes to defending in yourself in court, you will not want to do
it alone. You are going to need a Weymouth DUI lawyer who can give you
the edge you need over the prosecution. The prosecuting attorney will
take every step possible to portray you as a reckless individual who is
a danger to the public. He or she will most likely turn to your previous
OUI offenses as evidence to that you are guilty of the most recent OUI
offense for which you were accused.
You have the right to defend yourself against these accusations. My name
is Dave Flanagan, and I am a Quincy OUI lawyer who uses every avenue possible
to help my clients do this in the most effective way. Even when there
is evidence that appears to prove a client's guilt, there can be possible
ways to refute that evidence. I am able to combine my knowledge of the
law and my past professional experience as a private investigator in order
to identify the details that are important for defending an OUI case.
Call or visit my office in Quincy or Weymouth to learn more about how I might be able to assist you.