Quincy Fourth OUI Offense Attorney
Serving Clients throughout Norfolk County
When you have a history of multiple OUI offenses, being charged with another OUI/DUI can be very threatening to your future. The more of these offenses you have on your record, the harsher the penalties you are likely to receive upon arrest and conviction. Operating a vehicle while under the influence of alcohol or drugs, is a crime that is taken very seriously in the state of Massachusetts.
The state has created new laws in recent years that enhance certain penalties for OUI offenders. For that reason, individuals who are accused of this offense—especially if they are considered repeat offenders—will need a highly skilled attorney to help them build strong defenses.
By the time an individual reaches his or her fourth alleged OUI, this person is at risk of spending several years in prison, paying tens of thousands of dollars in fines and losing his or her driving privileges for a decade, along with other potential penalties. Yet even with three previous convictions or assignments to drug or alcohol programs, an accused offender can still have a chance at avoiding a new conviction, or at least lessening the potential impact of one.
The individual, however, should turn to a legal professional who fully understands the state laws relating to OUI and who can aggressively fight on his or her behalf. Our firm, Flanagan & Associates, can fill that need. Below is more information about fourth-time OUI offenses and the steps an accused individual can take for protection.
Potential Sentences for Fourth-Time OUI Convictions
While a first-time conviction can lead to up to a couple of years in jail and a fine of $5,000 at most, someone who is convicted for a fourth-time OUI offense is subject to much harsher penalties. If an individual has been convicted or assigned by a court to a drug or alcohol program for three previous OUI-related offenses, he or she could face a couple of different sentencing options.
The person could either be sentenced to imprisonment ranging from two years to two-and-a-half years and a fine ranging from $1,500 to $25,000, or imprisonment ranging from two-and-a-half years to five years with the same fine amount, according to General Laws Chapter 90, §24(1)(a)(1) (2012).
If convicted, the offender will have to spend a year in prison before being eligible for parole, probation, furlough or deductions to the sentence for good behavior. It will also not be possible to get the sentenced reduced to less than a year or suspended. Such sentences not only drastically damage a person's quality of life, but they also affect the individual's family and financial security. It is important that if you are facing a fourth conviction that you speak with a Quincy OUI lawyer as soon as possible because time is of the essence.
Losing the Right to Drive
When someone is convicted of a fourth OUI offense, the Massachusetts Department of Transportation's Registry of Motor Vehicles (RMV) can suspend or revoke that individual's driver's license for 10 years. That is 10 times longer than the suspension or revocation period for a first-time OUI offender, who would only lose his or her driving rights for a year.
Thanks to laws implemented in Massachusetts in recent years, the penalty for fourth-time offenders who refuse to submit to chemical tests are much more severe—these individuals can lose their driving privileges for a lifetime, according to the RMV. These license suspensions are separate from other driving restrictions that become effective the day of the alleged offense due to a blood alcohol concentration (BAC) of 0.08% or higher.
Drivers with this kind of OUI history can also be forced to install Ignition Interlock Devices (IIDs) in their vehicles. Under Melanie's Law which was implemented in 2005, these drivers will have to keep the device installed for two years following the reinstatement of their driver's licenses.
Importance of a Strong OUI Defense Attorney in Quincy
When it comes to defending in yourself in court, you will not want to do it alone. You are going to need a Weymouth DUI lawyer who can give you the edge you need over the prosecution. The prosecuting attorney will take every step possible to portray you as a reckless individual who is a danger to the public. He or she will most likely turn to your previous OUI offenses as evidence to that you are guilty of the most recent OUI offense for which you were accused.
You have the right to defend yourself against these accusations. Our Quincy OUI lawyer, Attorney Dave Flanagan, uses every avenue possible to help my clients do this in the most effective way. Even when there is evidence that appears to prove a client's guilt, there can be possible ways to refute that evidence. He is able to combine his knowledge of the law and past professional experience as a private investigator to identify the details that are important for defending an OUI case.
Call or visit our office in Quincy or Weymouth to learn more about how we might be able to assist you.
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