Quincy OUI Defense Lawyer

Third Offenses of OUI

Challenging OUI charges can be very difficult when you already have multiple previous convictions for the same offense. An OUI offense occurs when an individual operates a vehicle while under the influence of alcohol or drugs. The state of Massachusetts has been establishing stricter policies in recent years that involve the crime of OUI/DUI. Those who cannot rely on a clean criminal or driving record as their defense will need a knowledgeable DUI attorney in Quincy who is skilled in using other strategies for challenging prosecutor's allegations.

There are certain steps law enforcement is required to follow when making OUI arrests or administering tests, such as blood tests, breath tests and field sobriety tests. When those steps are not properly carried out, the prosecuting attorney's case could be weakened. Or, there might just be a lack of reliable evidence for proving that the defendant is guilty beyond a reasonable doubt. My Quincy firm, Flanagan & Associates investigates the cases of our clients from all angles so we can determine the best method for defending these individuals.

It is important for drivers to have an understanding about the law as it relates to third-time OUI offenses. Penalties for these drivers are generally harsher than the ones for individuals who have only been charged with one or two OUI offenses. By seeking the right lawyer, however, defendants can stand a better chance at safeguarding their freedom.

Harsher Sentences—Prison Terms and Fines

There are a couple of sentencing options for third OUI convictions, according to Massachusetts' General Laws Chapter 90, §24(1)(a)(1) (2012). The defendant could receive a prison term of 180 days to 2 ½ years and a fine of $1,000 to $15,000. If the judge decides to give a higher sentence, he or she could choose the same fine amount combined with a prison term of 2 ½ to 5 years.

Those convicted will not be able to have their sentences suspended or reduced to less than 150 days. They will also have to serve 150 days of their terms before qualifying for probation, parole, furlough or sentence deduction based on good behavior. They will also be subjected to driving restrictions, which they will receive at their license suspension hearings.

Restrictions on the Right to Operate a Vehicle

If a driver is convicted for the third time for driving while impaired by drugs or alcohol, he or she could lose the right to operate a vehicle for eight years, according to the Massachusetts Department of Transportation's Registry of Motor Vehicles (RMV). This driver's license restriction is four times lengthier than the suspension or revocation for a second OUI offense who only loses the ability to drive for two years. Massachusetts has strict laws for those who refuse to participate in a chemical test, such as a breath test or a blood test. If the person who refuses the test is considered a third-time OUI offender, he or she can receive five years of license suspension, compared to just three years for second-time offenders.

Generally, those whose breath tests that show they have blood alcohol concentrations (BACs) above the legal limit of 0.08% will be subjected to 30-day license suspensions, which start immediately on the offense date. These periods can be much longer for individuals who are under the legal drinking age of 21.

Additionally, third-time DUI offenders can be subject to the state's Ignition Interlock Device (IID) program, which will force the driver to install such a device in his or her vehicle for two years after license reinstatement. The device prevents the driver from operating the vehicle while having a BAC of 0.02% or more. This program is for driver with two or more DUI offenses.

Contacting a Quincy DUI Attorney

Regardless of an individual's driving or criminal, every person is entitled to a fair trial and the protection of his or her constitutional rights. If I am chosen as your attorney, I will do everything I can to ensure that you are receiving the fair opportunity to defend yourself against your accusers. Contact me, Quincy OUI lawyer, Dave Flanagan, for a chance to receive the attentive and thorough legal representation that you deserve. Whether you are dealing with underage OUI charges or an out-of-state OUI, I have the legal knowledge you need. My office is located in Quincy, Massachusetts, where you can receive a free consultation on your first visit. Call us today!

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