Fifth Offense DUI & Sixth Offense DUI Penalties
The potential penalties you face when accused of a Fifth Offense DUI or a Sixth Offense DUI in Massachusetts range from $2,000 to $50,000 fine and a minimum mandatory sentence of 2 ½ years in the House of Correction OR a term of between 2 ½ to 5 years in state prison.
You will NOT be eligible for a Continuation Without a Finding, a Probationary Sentence or even a Suspended Sentence. If convicted of a Fifth Offense DUI or a Sixth Offense DUI in Massachusetts you will go to jail.
Why You Need An Experienced Attorney Immediately
If you were arrested for a Fifth Offense DUI or a Sixth Offense DUI it is important that you contact an experienced DUI attorney immediately. G.L. c. 276 § 58A allows the prosecutor to ask the judge to hold a person charged with a Fifth Offense DUI or a Sixth Offense DUI without bail for a period of 120 days. Because of this, it is important to contact an experienced DUI attorney immediately so that they can argue that you should not be held in jail while your case is pending. Often times, this will require a complex hearing called a Dangerousness Hearing, which the attorney will need to prepare for ahead of time.
Attorneys James G. DeGiacomo and Sergey Mikhlin are experienced DUI attorneys who are available 24/7. No matter what time you call or what day it is, someone will answer the phone. If you or a loved one has been charged with a Fifth Offense DUI or a Sixth Offense DUI call us now at (617) 941-3666. Don’t wait!
Prior DUI Convictions
When you’re accused of any subsequent offense DUI in Massachusetts you are entitled to two trials. The first trial addresses the underlying elements of the OUI/DUI/DWI; while the second addresses how many prior offenses the Commonwealth can prove.
If you’re accused of a 5th Offense DUI or a 6th Offense DUI in Massachusetts, one way to decrease your exposure is to undermine your prior offenses. This is accomplished through what is called a RULE 30B MOTION. In such a motion we would challenge the basis for your prior convictions to prove that justice may not have been done. Maybe you weren’t represented by an attorney. Maybe your prior attorney did not properly advise you of all of your rights or the potential consequences of your plea. There are numerous reasons that a prior offense may be vulnerable to a Rule 30B Motion.
Mandatory License Suspension
If you refuse the Breathalyzer when you are accused of a Fifth Offense DUI or a Sixth Offense DUI, the Registry of Motor Vehicles will suspend your license FOR LIFE. There is no possibility of a license during a Chemical Test Refusal suspension. In these circumstances it is absolutely imperative that you begin the CHEMICAL TEST REFUSAL APPEAL immediately following your arrest and suspension.
Upon conviction, your license will be suspended FOR LIFE and there is no possibility of a hardship license.