Third Offense DUI/OUI in Massachusetts

A BAC level of .08 percent or higher while driving can lead to your arrest.  The BAC level is .02 for drivers under the age of 21 and drivers of commercial vehicles.  In Massachusetts, a DUI is also known as “OUI” (Operating Under the “Influence”).  A law known as “Melanie’s Law” was enacted in 2005 to increase the penalties of Massachusetts’ drunk driving laws.

Administrative Penalties

If you are convicted of a third or subsequent DUI offense, the following administrative penalties will occur:

• A fine between $1,000-$25,000.  
• Can obtain a “hardship license” (driving privileges for a limited time period) after 2 years from the conviction.
• An ignition interlock device provided at your own expense is required to regain your license.

Criminal Penalties

If you are convicted of a third or subsequent DUI offense, the following criminal penalties are possible:

• A jail sentence of 5 months to 5 years.  
• Driving license is suspended for 8 years.
• You will be charged with Child Endangerment if a person under the age of 14 is in the vehicle with you at the time of your arrest, which can add 90 days to 2.5 years in prison, an additional drivers’ license suspension of 1 year, and a fine of $1,000-$15,000.

The Lookback Period

Massachusetts courts look back 5 years to see if you had a prior drunk driving conviction before counting a conviction as a second one.  If this is your third drunk driving conviction in a 5-year period, the penalties mentioned above will apply.

Felony vs. Misdemeanor in Massachusetts

First and second offenses without injuries are misdemeanors, while subsequent offenses, including third DUI offenses, are felonies.  Additionally, if there are injuries resulting from a DUI, the crime is a felony, even if it’s only your first or second offense.

Plea Options

The individual can do any of the following:

• Plead Guilty – the individual admits to everything with which he/she is charged and will accept whatever penalty the court imposes.
• Plead Not Guilty – the individual does not admit to anything with which he/she is charged and challenges the State of Massachusetts to meet its burden of proof.
• Plea Bargaining – This does not occur often in the state of Massachusetts, as the options to reduce a 3rd DUI charge are very limited.

Obtaining Legal Help

Being tried of drinking and driving can cause much stress, and especially if other people were injured or killed in the accident.  An established and experienced DUI/DWI lawyer will know the State of Massachusetts DUI/DWI laws that apply to your case and will be able to formulate the strongest possible defense for your specific case.