Quincy DUI Lawyer
Second Offenses of OUI
Operating a vehicle while under the influence of drugs or alcohol (
OUI) is already a serious offense in Massachusetts. What can worsen the situation,
however, is when the driver suspected of the crime has already been convicted
of an OUI in the past. Second-time OUI offenders face the risk of receiving
harsher punishments if they are convicted again. That can equate to longer
prison terms, higher fines and longer suspensions of their driving privileges.
Having to deal with a second OUI can be an extremely stressful situation
that can have major ramifications on one's life. For that reason,
it is important that drivers in this situation do not try to handle their
cases alone. There are many ways in which a
Quincy OUI attorney can help drivers challenge the charges that are being brought against
them. Second-time offenders should be aware of the potential penalties
they face, as well as the steps they can take to properly defend themselves.
Possible Imprisonment and Fines
When a faces a second OUI offense, his or her finances and quality of life
can be severely impacted. If the individual has previously been convicted
of OUI or has previously been assignment to a drug or alcohol program
because of a similar offense, he or she can be sentenced to imprisonment
ranging from 180 days to 2 ½ years. The conviction can also lead
to a fine ranging from $600 to $10,000, according to Massachusetts'
General Laws Chapter 90, §24(1)(a)(1) (2012).
The convicted individual would not be eligible to have his or her sentence
reduced to less than 30 days or suspended. This person would also not
be eligible for probation, parole, furlough or sentence deduction for
good conduct until after the 30-day mark of the prison term.
Because the defendant would only have one previous offense, he or she could
potentially be eligible for probation and assignment to a drug or alcohol
program, which could include participation in a residential treatment
program and an out-patient counseling program.
Loss of Driving Privileges for Second-Time Offenders
An individual does not need to actually be convicted in order to have his
or her license suspended. All it takes is a chemical test showing that
the driver had a blood alcohol concentration (BAC) that was above the
legal limit while operating a vehicle. In addition to that, further license
suspension and revocation can be inflicted on a driver after he or she
is actually convicted. The Massachusetts Department of Transportation's
Registry of Motor Vehicles (RMV) can even suspend a driver's license
if the individual suspected of OUI refuses to submit to a chemical test, such as a
breath test or a blood test.
Generally, someone with a breath test who shows a BAC above the legal limit
will receive a 30-day suspension, but this can be extended if the driver
committed is being accused of an
underage OUI offense. Upon conviction, a second-time offender's license can be
suspended or revoked for two years. It can be suspended for three years
if the driver refuses to participate in a chemical test. Those with a
second or subsequent OUI offense can be forced to have an Ignition Interlock
Device (IID) installed in his or her vehicle, which requires to driver
to take a breath test each time before driving.
Quality Legal Representation on Your Side
If you are facing a second OUI offense, the prosecution will most likely
try to use your previous record as ammunition against you. Because of
that, you will need a strong attorney by your side who fully understands
the law and who knows how to protect your rights. A good attorney will
be able to dissect the facts of your case and identify potential weaknesses
in the prosecution's allegations against you.
My name is
Dave Flanagan, and I am a Quincy OUI lawyer who aggressively advocates for my clients.
As a former private investigator, I know how to analyze the important
details and use them build a strong defense. Don't leave your future
up to fate. Take control of your situation by retaining a knowledgeable
professional to handle your case.
Contact my firm in Quincy or Weymouth for more details about how set up a free consultation
and case evaluation.