Massachusetts OUI Penalties: Third, Fourth and Fifth Offenses

Multiple offense OUI charges (3rd or greater) are felony level criminal charges and are very serious. If you are convicted of a felony drunk driving offense, there is a mandatory minimum jail sentence of 5 months. And you can expect to lose your license for many years, which is a tremendous financial hardship for many people who need to drive for their livelihood.

The good news is that multiple offense OUI charges are not any more difficult to fight (and win) in court than 1st offense charges.

In fact, I have won more than 2/3’s of the multiple offense cases that I’ve defended.

The fact that you have prior convictions isn’t used against you. In fact, it’s completely inadmissible as prejudicial. And if you refused to take a breath test, that too is inadmissible. They have no chemical evidence of legal intoxication, and a jury will not even be told that you refused to take a breathalyzer, as Massachusetts courts have ruled that even being told that you refused can be prejudicial.

So, depending on the facts of the case, the Commonwealth has quite a way to go to prove that you are guilty beyond a reasonable doubt.  And it is my job as your lawyer to raise that reasonable doubt in a jury’s eyes.

If you are facing one of these serious charges, don’t give up hope. I can absolutely help. Please call right away for a consultation on any 3rd offense or greater.

Penalties for a Third Offense DUI Conviction

Here’s what you can basically expect if you’re convicted of a Third, Fourth or Fifth DUI offense in Massachusetts.

A court can require you to pay fines and/or serve time as follows:

• You may be sentenced to spend between 150 days to five years in jail;
• You can be assessed a fine between $1,000 to $15,000;
• Your driver’s license may be suspended for up to 8 years.
• You will be required to install an ignition interlock device on any vehicle you drive when your license is available for reinstatement;

Penalties for a Fourth Offense DUI Conviction

• You can be put in jail for one to five years;
• You may have to pay fines totaling between $1,500 to $25,000;
• You may have to install an ignition interlock device on any vehicle you drive;
• Your  driver’s license may be suspended for up to 10 years;
• You may not be allowed to apply for a hardship license for up to five years.

Penalties for a Fifth Offense DUI Conviction

• A court can put you in jail for a period of time between two to five years;
• Your license may be permanently suspended (revoked); and
• You may be required to pay a fine ranging from $2,000 to $50,000.

If you are facing a charge as serious as a multiple offense drunk driving charge, call for a free consultation as soon as possible. The quicker I can get on the case, the sooner I can help, and the better our chances are to beat the case. My initial consultation is always free.

If you’ve been arrested or accused of committing any serious crime, you can contact the Law Offices of Massachusetts criminal defense attorney Russell J. Matson — 24 hours a day — to obtain the help you need.