Ninth Offense DUI Penalties in Massachusetts
Experienced DUI Lawyer Prepared To Fight For You
If you were arrested for a Ninth 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 Ninth Offense DUI without bail for 120 days. Because of this, it is important to contact an experienced DUI attorney immediately so 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 have experienced DUI attorneys who are available 24/7. Someone will answer the phone no matter what time you call or what day it is.
Have you or loved one been charged with a ninth 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 Ninth DUI Offense in Massachusetts?
When accused of a Ninth Offense DUI in Massachusetts, the potential penalties range from $2,000 to a $50,000 fine and a minimum mandatory sentence of 4 ½ years in state prison with a maximum penalty of 10 years. 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 Ninth 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 9th 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
The Registry of Motor Vehicles will suspend your license FOR LIFE if you
refuse the Breathalyzer when you are accused of a Ninth Offense DUI. There
is no possibility of a license during a Chemical Test Refusal suspension.
In these circumstances, you must begin the CHEMICAL TEST REFUSAL APPEAL
immediately following your arrest and suspension.
Contact DeGiacomo & Mikhlin, P.C. today to schedule a FREE consultation with our ninth-offense DUI attorney in Massachusetts!