Second Offense OUI Penalties Massachusetts DUI

With the passage of Melanie's law, there is now incredibly harsh penalties for a second offense OUI. There is a lifetime lookback period. That means if you had a DUI 30 years ago while in college, if the prosecutor, Court, or RMV finds out about it, you will be facing second offense penalties. Also, a previous Continuance Without a Finding (CWAF) counts as a first offense conviction to trigger the enhanced second offense penalties. Given the steep penalties, many good lawyers usually recommend fighting the case and going to trial.


Second (2nd) Offense OUI Penalties 

Fines: $600 - $10,000

Jail: Not less than 60 days - 2.5 years, mandatory minimum 30 days;

License Suspension: 2 year suspension (may be eligible for work and Hardship license after 12 months, or for a general Hardship license after 18 months).

Alternative Disposition (24D): 2 years probation. 14 days in-patient alcohol treatment program; installation of an Ignition Interlock Device for 2 years; 2 year License Suspension (may be eligible for work and education Hardship License after 12 months or general Hardship License after 18 months). No hardship for 3 years if breath test refusal.


First offense penalties for a second offense:

In limited circumstances, you have be eligible for a Cahill disposition. A Cahill disposition can sort of convert the second offense loss of license to a lesser loss of license (however you will need an interlock device). To be eligible for a Cahill disposition, the date of conviction of your first offense must have been more than 10 years before the date of arrest on a your second offense. Additionally, you can only have 1 prior DUI in your lifetime anywhere (not just Massachusetts).

While it is not automatic, you may be eligible for a Cahill disposition if the DWI occurred in another State. Attorney Hynes has successfully received a Cahill sentencing for an out of state conviction and was able to reduce the loss of license of years down to 90 days and receiving a hardship license.

Give us a call to discuss how a second offense charge and conviction can affect you, as well as DUI defenses that you have.