Massachusetts Third Offense DUI Lawyer
What are the Penalties for a Third DUI Offense?
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 8 years.
Why You Need An Experienced Attorney Immediately?
If you were arrested for a Third Offense DUI it is important that you contact an experienced DUI attorney immediately. 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 a period of 120 days. This was a major 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 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.
Attorney James G. DeGiacomo is an experienced DUI attorney who is 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 changed with Third Offense DUI call us now at (617) 941-3666. Don’t wait!
Prior DUI Offenses
If you take your Third Offense DUI case to trial, you’re entitled to TWO trials. In the first, the Commonwealth must prove that you were operating under the influence of liquor. In the 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 from any state in the country.
With Attorney James G. DeGiacomo as your Massachusetts Drunk Driving Defense Lawyer, there are ways to fight these cases before taking them to 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. Pursuant to 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.
Attorney James G. DeGiacomo 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. Maybe the judge didn’t adequately inform you of your rights. Any number of 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.
Chemical Test Refusal
As a sanction for refusal to submit to a Breathalyzer test when you’re suspected of having committed a Third Offense DUI, you’re looking at a Five Year Suspension. You will not be eligible for a HARDSHIP LICENSE prior to 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 on the basis that 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 appeal at this stage is almost always denied by the Registrar.
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.
Given the dramatic increase in stakes, it is absolutely imperative that you hire an attorney to defend your 3rd Offense DUI case in Massachusetts. Attorney James G. DeGiacomo works in and around the Boston area as well as From Newburyport to Nantucket, from East Boston to East Hampton, defending his clients in the various district courts as well as at the Registry of Motor Vehicles.
Your Life and Your License are too important to wait. Call Attorney James G. DeGiacomo Now about your Third Offense DUI for your Free Case Evaluation at (617) 941-3666.
Available to Clients 24/7
Nearly a Decade of Legal Experience
Successfully Defended Hundreds of Clients
Former Prosecutor & Knows How That Side Thinks
Represented Clients in MA District, Superior, & Appellate Courts