What are the Penalties for a First-Time OUI Conviction and a Second OUI Conviction in Massachusetts?
The penalties for a first-time conviction for OUI in Massachusetts can include up to 2 ½ years in jail, as well as a number of fines and fees (including fees that are mandatorily imposed by statute). They may also include license suspension and mandatory driving school and/or drug and alcohol treatment programs. Oftentimes, people don’t actually go to jail on a first offense OUI. However, it is very common to face probation for a first-time OUI.
Is it Even Possible to Win my OUI Case?
It is definitely possible to win an OUI case in Massachusetts. For that reason, you should never, ever plead guilty to an OUI without first speaking to a criminal defense attorney. OUI cases often present a number of complicated legal issues. These issues can only really be competently handled by a lawyer who has extensive experience with OUI trials and can analyze your unique case properly.
For instance, in a given case, there may be technical errors in the police report or other paperwork that could lead to a dismissal before the case even reaches a jury. A case might also present issues that an experienced OUI attorney can use during trial to impeach the credibility of the prosecution’s witnesses, including police officers.
You don’t know the strengths and weaknesses of your case until you speak with an experienced attorney who has proven success in defending OUI cases. Just by reading a police report, I can provide you with my opinion on whether your case is worth fighting. I’ll explain every option you have, as well as your chances of success and the different penalties you could face. As an experienced OUI attorney, I can reliably provide an accurate analysis of your chance of winning with your specific case, and whether it is worth fighting in court. However, I can’t give you that analysis unless you come and talk to me about your case.
If I Plan on Pleading Guilty to my OUI or DUI Charge in Massachusetts, Do I Really Still Need an OUI or DUI Attorney?
You absolutely do need an attorney to represent you in your Massachusetts OUI case, even if you’re planning on pleading guilty to an OUI or DUI. A skilled OUI defense attorney will know how to negotiate the best possible deal with the prosecutor to resolve your OUI case. This could include having some or all of the civil infractions that accompany an OUI charge dismissed, which will avoid significant fines and increases to your insurance rate. In terms of RMV consequences, a skilled attorney will know how to get you the shortest license-loss period allowed by law. They may also be able to negotiate lower fees or a waiver of some fees, as well as a shorter period of probation.