Fourth Offense DUI Penalties in Massachusetts
Fourth Offense DUI Penalties
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. If convicted of a Fourth Offense DUI in Massachusetts you will go to jail.
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 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 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 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 it is absolutely imperative that you 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 10 years. You will not be eligible for a HARDSHIP LICENSE until you have successfully completed 5 years of that suspension. During those five years, there must be absolutely 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 as well as with proof of your compliance with any prescribed after-care treatment.
If you are approved for a hardship license, you will then need to get your IGNITION INTERLOCK DEVICE installed.
Ignition Interlock Device
The Ignition Interlock Device or IID is a Breathalyzer that is incorporated into your vehicle’s ignition system. Every time you start your car you will be required to provide a breath sample before the vehicle will start. While you are driving, occasionally the IID will require what’s called 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 10 year to LIFETIME suspension.
These machines are extremely temperamental and are prone to malfunction. Should you have a false-positive breath test, get to a doctor or hospital or even a police station immediately for a comparison test.
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 Attorney James G. DeGiacomo now about your Fourth Offense DUI for your Free Case Evaluation at 617-315-8377.