Fifth & Sixth Offense DUI Respected Defense Attorneys Serving Boston & Beyond

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.

What Makes This Firm Different?

Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
  • Available to Clients 24/7
  • Nearly a Decade of Legal Experience
  • Successfully Defended Hundreds of Clients
  • Former Prosecutors & Knows How That Side Thinks
  • Represented Clients in MA District, Superior, & Appellate Courts

Hear From Clients in Their Own Words

    Best Attorney

    “DeGiacomo was the most honest, informative, and humble attorney I have ever met and I recommend him to any person in trouble. He knows what he is talking about!”

    - Former Client
    " James treated me with respect and kindness from day one "

    “What I found refreshing was that James had a realistic and positive attitude from the beginning. His warmhearted professionalism made me more at ease. James got the best outcome for my 2nd DUI case. I ...”

    - EO
    Highly recommended

    “James was extremely professional, very informative, and most importantly he delivered! I was looking at two felony charges and James was able to get me a deal where the charges will be dismissed as ...”

    - Marc F
    Confident & Reliable

    “Jim took over my case after my 1st attorney had to drop it. Jim is very knowledgeable, he walked me through the steps of the trial process and answered all my questions right away plus explained why ...”

    - Mark L
    Cannot give him a higher recommendation.

    “If you need someone that is dedicated, careful and diligent Jim is your man.”

    - William M.

Free Initial Consultation

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