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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.
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.