Fourth Offense DUI Penalties in Massachusetts
Defending Clients Charged With Their Fourth DUI
If you were arrested for a Fourth Offense DUI, you must immediately contact an experienced DUI attorney. G.L. c. 276 § 58A allows the prosecutor to ask the judge to hold a person charged with a Fourth Offense DUI without bail for 120 days. Because of this, it is essential 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, this will require a complex hearing called a Dangerousness Hearing, which the attorney must prepare for ahead of time.
Attorneys James G. DeGiacomo and Sergey Mikhlin are experienced DUI attorneys available 24/7. Someone will answer the phone no matter what time you call or what day it is. If you or a loved one has been charged with Fourth Offense DUI, contact us now at (617) 941-3666. Don’t wait!
Are you facing a fourth DUI in Massachusetts? Call DeGiacomo & Mikhlin, P.C. today at (617) 941-3666 or contact us online to schedule a meeting with our DUI attorney!
What are the Penalties for a Fourth DUI Offense in Massachusetts?
The potential penalties you face when accused of a Fourth Offense DUI /OUI/DWI in Massachusetts range from $1,500 to $25,000 fine and a minimum mandatory sentence of 2 years to a maximum 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. You will go to jail if convicted of a Fourth Offense DUI in Massachusetts.
Prior DUI Convictions
You are entitled to two trials when you’re accused of any subsequent DUI offense in Massachusetts. 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 4th 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 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 Fourth Offense DUI, the Registry of Motor Vehicles will suspend your license FOR LIFE. There is no possibility of a hardship license during a Chemical Test Refusal suspension. In these circumstances, you must begin the CHEMICAL TEST REFUSAL APPEAL immediately following your arrest and suspension.
Upon conviction, if your license was not suspended for the chemical test refusal, your license will be suspended for ten years. You will not be eligible for a HARDSHIP LICENSE until you have completed five years of that suspension. During those five years, there must be no evidence of driving without a license during your suspension.
If you are found to be operating a motor vehicle while your license is suspended for an OUI conviction, you can be sentenced to a minimum of 60 days up to 2 ½ Years in the House of Correction.
Before you are eligible for a hardship license, you must have completed the 90-day in-patient program. You will be required to present the Registry of Motor Vehicles with a Discharge Summary and proof of your compliance with any prescribed after-care treatment.
If you are approved for a hardship license, you must install your IGNITION INTERLOCK DEVICE.
Ignition Interlock Device
The Ignition Interlock Device, or IID, is a breathalyzer incorporated into your vehicle’s ignition system. Every time you start your car, you must provide a breath sample before the vehicle starts. While driving, the IID will occasionally require a “rolling retest,” during which you will be required to provide an additional sample within 5 minutes of an alert.
The consequences for positive tests or improper use of an IID range from an additional ten years to LIFETIME suspension.
These machines are extremely temperamental and are prone to malfunction. If you have a false-positive breath test, get to a doctor, hospital, or even a police station immediately for a comparison test.
Contact Our Fourth Offense DUI Lawyer Today
A Fourth Offense DUI can land you in state prison. Your Life and Your License are Too Important. You need an attorney that can attack your case from all possible angles. Contact Defense Attorneys James G. DeGiacomo and Sergey Mikhlin about your Fourth Offense DUI!
Contact DeGiacomo & Mikhlin, P.C. today to schedule a FREE consultation with our fourth offense DUI attorney!