Third Offense DUI Penalties in Massachusetts
Experienced DUI Lawyer Representing Clients Charged With a Third DUI
If you were arrested for a Third Offense DUI, you must immediately contact an experienced DUI attorney. In April of 2018, G.L. c. 276 § 58A was amended, which allows the prosecutor to ask the judge to hold a person charged with a Third Offense DUI without bail for 120 days. This was a significant change to the previous law, which only allowed this course of action for Fourth or Fifth Offense DUI charges. 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. If you or a loved one has been changed with Third Offense DUI, contact us now at (617) 941-3666. Don’t wait!
What are the Penalties for a Third DUI in Massachusetts?
In Massachusetts, a conviction for Drunk Driving as a Third Offense (Third Offense DUI) is a FELONY. The potential fines range from $1,000 to $15,000. The potential period for incarceration starts at a minimum mandatory 150 Days to 2 ½ Years in JAIL. Upon conviction for a Third Offense DUI, the Registry of Motor Vehicles (RMV) will suspend your license for eight years.
Have you been charged with a third DUI in Massachusetts? Our third offense DUI lawyer is ready to represent you. Call DeGiacomo & Mikhlin, P.C. today at (617) 941-3666 or contact us online to get started!
Prior DUI Offenses
You're entitled to TWO trials if you take your Third Offense DUI case to trial. First, the Commonwealth must prove that you were operating under the influence of liquor. Second, they must show that you were previously convicted of the same offense two prior times. These prior offenses can be from any time in your life and in any state in the country.
With Attorneys James G. DeGiacomo and Sergey Mikhlin as your Massachusetts Drunk Driving Defense Lawyers, there are ways to fight these cases before trial. One option is to revisit your prior offenses. There may be grounds for us to overturn your older cases so that the Government cannot use them against you now. Under Massachusetts Criminal Procedure Rule 30(b), we can petition the court for a new trial if it appears that justice may not have been done.
Attorneys James G. DeGiacomo and Sergey Mikhlin can research your past DUI offenses and try to find a way to get you out from under them. Maybe you weren't represented by an attorney. If you were, maybe that attorney didn't inform you of the consequences of your plea. Perhaps the judge didn't adequately notify you of your rights. Many things can leave a prior offense vulnerable to a R. 30(b) challenge. If a past DUI charge is from a state other than Massachusetts, there are even more requirements that the Commonwealth must meet to prove that it qualifies as a prior offense.
What Happens if You Refuse a Breathalyzer Test When Suspected of a 3rd DUI in Massachusetts?
You're looking at a five-year suspension as a sanction for refusing to submit to a Breathalyzer test when you're suspected of having committed a Third Offense DUI. You will not be eligible for a HARDSHIP LICENSE before the expiration of that suspension. Upon conviction, that suspension is then increased by Another Eight Years.
We can challenge the initial five-year suspension through a CHEMICAL TEST REFUSAL appeal. This hearing can only be held at the Boston location of the RMV. In the appeal, we challenge your refusal suspension because either the officer did not have reasonable grounds to believe that you were impaired by alcohol, you were not actually placed under arrest, and/or you did not, in fact, refuse to perform the test. The Registrar almost always denies the appeal at this stage.
But the Registry is only the first stop. From there, we take the matter before a District Court judge in the court hearing your criminal case. Here the Registry needs to file a formal response to our petition for Judicial Review to account for WHY they believe your license should be suspended. This is our chance to turn the tables.
Contact Our Third Offense DUI Lawyer Today
Given the dramatic increase in stakes, you must hire an attorney to defend your 3rd Offense DUI case in Massachusetts. Attorneys James G. DeGiacomo and Sergey Mikhlin work in and around the Boston area and from Newburyport to Nantucket, from East Boston to East Hampton, defending their clients in various districts courts as well as at the Registry of Motor Vehicles.
Contact DeGiacomo & Mikhlin, P.C. today to schedule a FREE consultation!
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