A first or second conviction for DUI (also called OUI in Massachusetts) is bad enough. But the state takes third and subsequent convictions seriously, as reflected in the potential legal penalties that a defendant faces. You will need skilled legal counsel to challenge the state’s case against you and assert your rights in court.
Turn to the Worcester County criminal defense lawyers of Geraghty Law LLC. Our firm understands the threat that a conviction poses to your future. We’re ready to apply our extensive knowledge of Massachusetts DUI/OUI laws for your benefit.
What Is a Third DUI?
Massachusetts has a lifetime lookback period for DUI offenses, meaning a first and second conviction will stay on a driver’s record for life. In other words, prosecutors will charge you with a third DUI in Worcester County if you have two previous convictions of DUI or OUI, regardless of when you were convicted. This makes Massachusetts one of the harshest states in terms of DUI penalties.
Criminal Penalties for a Third or Subsequent DUI
Massachusetts usually charges third and subsequent drunk driving offenses as felonies. This means the state imposes mandatory minimum jail and prison sentences for those who are convicted in Worcester County of driving under the influence. As the term implies, “mandatory minimum” means the judge has no discretion in sentencing.
More specifically, the punishments for a third DUI are:
- At least 180 days in jail (of which the defendant must serve at least 150 days) and up to 5 years in prison
- Fines of between $1,000 and $15,000
- Suspension of your driver’s license for 8 years
- Two years of having an interlock ignition device installed on your vehicle
The penalties keep increasing for subsequent DUIs:
Fourth Offense
- At least 2 years in jail (defendant must serve 1 year) and up to 5 years in prison
- Fines of $1,500 to $25,000
- Suspension of your license for 10 years
- Ignition interlock device for 2 years
- Forfeiture of your vehicle to the government (with no monetary compensation)
Fifth Offense
- At least 2 and a half years in jail (defendant must serve 2 years) and up to 5 years in prison
- Fines of $2,000 to $50,000
- Permanent, lifetime revocation of your driver’s license with no hardship exception
- Forfeiture of your vehicle with no compensation
You will likely face higher penalties if a child under the age of 14 was in your vehicle at the time of any DUI/OUI offense. Judges consider this child endangerment and will add punishments on top of whatever else the court decides.
What Defense Strategies Are Available After a DUI?
If you are charged with DUI, your attorney will carefully review the evidence and determine the best strategy to challenge the state’s case. Common defenses include:
- Challenging the legality of the traffic stop: Police need reasonable suspicion to pull you over. If they lacked justification, the stop — and everything that followed — may be invalid.
- Challenging the breathalyzer test: Breathalyzer machines must be properly calibrated. Inaccurate or poorly maintained devices can produce unreliable results.
- Challenging field sobriety tests: Uneven roads, poor instructions, or improper administration can undermine these tests.
- Excluding illegally obtained evidence: If police violated your constitutional rights when gathering evidence, your attorney can move to suppress it.
What Are the Long-Term Consequences of a DUI Conviction?
Beyond fines and jail time, DUI convictions carry lasting consequences that can affect many parts of your life. These may include:
- Employment problems: Employers may terminate or refuse to hire individuals with multiple DUI convictions, especially where driving is job-related.
- Child custody issues: A DUI may affect custody or visitation, particularly if child endangerment charges are involved.
- Higher insurance premiums: Auto insurance rates rise significantly, and some insurers may drop coverage.
- Loss of vehicle or license: The state may seize your car or revoke your driver’s license, making work and daily life more difficult.
Protect Your Rights After a DUI Arrest in Worcester County
A DUI charge can change your life, but with the right legal strategy, you may be able to reduce or even dismiss the consequences. At Geraghty Law, our Worcester County criminal defense attorneys fight aggressively to protect your rights, freedom, and future. Contact us today. 24/7 Availability.
FAQs
Should I agree to a plea bargain with prosecutors?
Plea bargains are usually of little benefit with third and subsequent DUIs due to the mandatory jail and prison sentences that follow convictions. While a plea deal could be an option, in most cases you are likely to face the same sentence by pleading guilty. A common plea deal is a reduction to reckless driving (CWOF in Massachusetts), which may avoid a DUI conviction if probation terms are met.
What if I refuse a breathalyzer test?
Your license will be suspended for the applicable time period if you refuse to take a breathalyzer test. If you are later convicted, your license will also be suspended for the statutory period (e.g. 8 years for a third conviction). The suspension for the breathalyzer refusal will run first, and then the suspension for the conviction will run.
Do out-of-state convictions count?
Out-of-state convictions for similar offenses (DUI, OUI, or however it is defined in the jurisdiction) will count against you. Other states report driver’s license suspensions and revocations for DUI to the National Driver Register. Massachusetts will use these previous convictions against you when deciding your punishment.
How much does a DUI lawyer cost in Massachusetts?
A DUI lawyer in Massachusetts can cost anywhere from $3,000 to $10,000, and more, depending on case complexity and attorney experience.
What percent of DUI cases get dismissed in Massachusetts?
Roughly 10–20% of DUI cases in Massachusetts are dismissed, often due to procedural errors or lack of evidence.
What are the chances of getting a DUI dismissed?
Dismissal chances depend on the facts, but issues like improper stops, faulty tests, or rights violations can improve your odds.
