Your Future,
Your Freedom,
Our Fight.
Your Freedom,
Our Fight.
Third Offense OUI
The Commonwealth of Massachusetts imposes strict laws on drunk drivers. A Massachusetts third offense OUI is a felony offense; in which case it is extremely vital to seek legal counsel when faced with this charge. Only an experienced Massachusetts criminal defense attorney will be educated in the specific laws and matters of OUI. This legal knowledge and experience enables Attorney Patrick J. Murphy to construct the most legally persuasive defense strategies and obtain the most favorable outcome in OUI cases.
The weight of penalties associated with a third offense OUI is much heavier than previous offenses, as this charge carries a mandatory jail sentence. The severity of the penalties fluctuates based on the specific circumstances surrounding your case. Therefore, it is imperative that you contact an accomplished Massachusetts criminal defense attorney, such as Patrick J. Murphy, to receive a free and confidential assessment of your case. If convicted of a third offense OUI, the penalties range from:
- Fines: $1,000 to $15,000
- Incarceration: 150 days to five years
- License Suspension: Eight years Interlock Ignition Device required to be installed in your car, at your own expense, before you may be granted a hardship license and for an additional 2 years after your full license is reinstated
- Completion of 90 day in-house treatment program to be eligible to apply for hardship license
Prosecution’s Burden of Proof
In order to prove a third offense OUI, the prosecution must offer evidence proving a conviction for the underlying OUI offense. The elements of the crime that must be satisfied are:
- That you were operating a motor vehicle;
- That you did so on a public way; and
- At that time, the percent of alcohol in your blood was 0.08 or greater 1.
The state is then compelled to prove beyond a reasonable doubt that you were previously convicted of an OUI. In the event that they are successful, a defendant is entitled to a separate trial before a Judge or jury to determine how many prior convictions exist. In order for the Commonwealth to prove a prior OUI conviction, they must provide certified copies of the dockets of your prior convictions evidencing that you are the same individual who has two prior convictions. This is actually much more difficult than it sounds, as the state must have clear and convincing evidence, which is difficult to attain if the conviction is old or anyone involved in the original case made a mistake. With the implementation of Melanie’s Law, Massachusetts adheres to the Lifetime Look-Back Law which means that any and all prior convictions or alcohol program assignments count as prior convictions.
Attaining a Hardship License after Third Offense Oui
To apply for a hardship license, the Massachusetts Registry of Motor Vehicles requires the completion of certain alcohol programs for OUI offenders. This program requires all individuals convicted of a third offense OUI charge to attend and complete and mandatory alcoholism evaluation by the Massachusetts Department of Public Health or another similar court approved program. In addition, those individuals must complete a 90-day residential in-patient DUI treatment program and all required aftercare components which will include individual counseling and mandatory AA attendance.
In the event that you are convicted of a third offense OUI, having an intelligent and experienced lawyer fighting to defend you can be a life changing decision. The consequences of a felony conviction are life altering; a felony on your record may lead to your exclusion from job and educational opportunities, a significant debt to the court, as well as other negative repercussions. Attorney Murphy has successfully represented clients in Massachusetts for 18 years and possesses the knowledge and resources to successfully defend your third offense OUI case. For additional information, please contact the Law Office of Patrick J. Murphy today for a free and confidential legal consultation by calling (617) 367-0450 or completing the contacts tab on our website. As a dedicated lawyer, Attorney Murphy is available 24/7 to discuss your case.