Scroll Down to See OUI 2nd Offense Cases We've Won
Facing an OUI second offense in Massachusetts can be extremely overwhelming, especially because of the enhanced penalties that can be much more harsh than a first offense. Contact OUI defense lawyer James Dunn today by calling us at 617-504-4881 or filling out an online form to see how we can help you.
Potential Penalties For Second Offense OUI in Massachusetts
The most common concerns include the potential license loss for a first offense. The first consequences of an OUI arrest usually include a license suspension imposed by the Massachusetts RMV for failing or refusing the breath test at the police station. These are administrative suspensions and are completely separate from the court case.
For drivers 21 or older, the RMV will automatically impose the following license suspensions:
- 3-years for refusing the breath test
- 30-days for failing the breath test
In addition to the RMV-imposed suspensions described above, the court may impose up to a 2-year license suspension after conviction of a second offense OUI.
Additional court-imposed penalties for a second offense may include:
- Minimum 60-days up to 2.5 years in jail
- 2-year license loss
- Fines and fees up to $10,000
- 14-day inpatient hospital program plus about 1 year of weekly or monthly aftercare meetings
The Massachusetts RMV will also require the installation of an ignition interlock device (IID) during any hardship license and for 2 years beyond any other suspensions.
12-Hour Hardship License
Generally, second offenders may be eligible to apply at the RMV for a 12-hour hardship license once the case is resolved in court and after 1 year into the court-imposed suspension - meaning you would be eligible to apply after 1 year if you took and failed the breath test or after 4 years if you refused the breath test. No hardship license is available while the court case is active.
If granted by the RMV, the hardship license would be good for any 12-hour period you choose through the remainder of any RMV and court-imposed suspensions. After those suspensions have run, you may then be eligible to reinstate your regular, 24-hour driving privileges.
Remember, as noted above, the Massachusetts RMV will also require the installation of an ignition interlock device (IID) during any hardship license and for 2 years beyond any other suspensions.
Contact Massachusetts OUI Defense Attorney James Dunn Now
Contact OUI defense lawyer James Dunn today by calling us at 617-504-4881 or filling out an online form to get your free consultation.
OUI Second Offense Cases We've Handled
2nd Offense OUI & Child Endangerment While OUI
Not Guilty - License Restored
Client was facing mandatory minimum jail time. However, she had refused the breath test and did fairly well on the roadside tests. We immediately filed a motion to preserve the booking video and used that at trial. The video showed her walking, standing, acting and speaking completely normally - contradicting the police report of unsteadiness on feet and slurred speech. The judge agreed that she appeared sober in the video and found her Not Guilty. We then immediately filed a motion to restore her license. The judge allowed our motion and we saved the client at least an additional 5 years without a license.
Per Client: "You saved me!"
Not Guilty 2nd Offense After Jury Trial
Client admitted to drinking then failed roadside tests after cops found him sleeping in his car at the side of the road. Cops also noted that he had wet his pants. Then his license was suspended for 3-years after refusing the breath test. Attorney Dunn won a Not Guilty at jury trial then immediately filed a motion and convinced the judge to order the RMV to restore client's license.
Per Client: "Saved my license and career! Wish I could give you 10 stars!"
Mike, Dudley / East Brookfield / Worcester
Not Guilty 2nd Offense, License Restored
Attorney Dunn saved my career! First, he convinced the judge to overturn my 3-year breath test refusal suspension and restore my license. Then, after representing me for 50 months because of COVID delays (and without ever asking for more money) he won a not guilty at trial and prevented any new license suspensions. I drive for a living and can't thank him enough for saving my license and my job.
Saved My License & My Job!
Not Guilty - Second Offense
Client crashed into two parked cars on way home from a gentleman's club. When police arrived, they observed an odor of alcohol, slurred speech, bloodshot and glassy eyes and said he was swaying in a circle. Attorney Dunn was able to get the officer to agree that he did not know where the parked cars had been before the accident and the officer even testified it was possible those cars had been parked partially in the travel lane on a dark street just after a turn. He then argued that after being hit in the face with an airbag from the steering wheel, anyone would be disoriented and have red eyes. The judge agreed and found our client not guilty after trial. Then attorney Dunn filed a motion and convinced the judge to restore Brandon's license.
Won a NOT GUILTY. License restored! Prevented additional two-year license loss!
Charges Dismissed - Second Offense
Client was reported driving erratically. Cop testified to a "very strong" odor of alcohol, bloodshot and watery eyes, and that client was "very unsteady" on his feet. At a motion hearing, attorney Dunn argued that police did not observe any traffic violations so the stop of client's car and any evidence obtained thereafter should be excluded as fruit of the poisonous tree. The Judge agreed with attorney Dunn and allowed the motion to suppress. As a result, the Commonwealth could not prove its case and the Judge dismissed all charges.
Sarah, Westboro / Worcester
2nd Offense, .19 Breath Test
Not Guilty After Jury Trial
Police report indicated Sarah was unsteady on her feet, had a strong odor of alcohol, and failed the one leg stand and walk and turn test. At the station, she took the breathalyzer and blew a .19, almost two and one half times the legal limit. In the almost two years it took to reach trial, Aty. Dunn negotiated the exclusion of the breath test and then convinced the jury there was reasonable doubt. Not guilty of OUI 2nd offense and not guilty of reckless driving.
From Sarah: "I'm so relieved!"
"I can finally move forward & do all the things I want in life"
See Sarah's Google Review Here
Failed Breath Test
OUI 2nd - Not Guilty
Negligent Operation - Not Guilty
Police report stated Tony was speeding, drove on opposite side of road briefly, had glassy, bloodshot eyes, slurred speech, an odor of alcohol and admitted drinking. Then he failed both the roadside field test and then the breath test at the station. Attorney Dunn had the breath test thrown out and then won a not guilty on both charges after trial.
"Attorney Dunn told me to fight and helped me make all the right choices."
Oui 2nd - Dismissed
Speeding - Dismissed
Lanes Violation - Dismissed
Cop saw client speeding and unable to maintain lanes. Once stopped, they smelled alcohol and saw his bloodshot eyes. He admitted to drinking and was arrested after the field sobriety tests. I immediately obtained a copy of the booking video which proved very helpful. However, at trial the cop didn't show and we convinced the otherwise tough judge to immediately dismiss all the charges. We prevented a 2nd OUI conviction, a possible jail sentence, an additional two year loss of license, a mandatory inpatient two week alcohol treatment program and several thousand dollars in fines and fees
All 3 Charges Dismissed
Blood Test 2X Legal Limit
Failed 3 Field Tests
Jury: Not Guilty 2nd Offense
Cop saw Sarah cross marked lanes 5 times. Her speech was slurred and she failed all the field tests. After refusing the station breath test, we overturned her 3-year RMV suspension so she drove legally awaiting jury trial. At trial, although 3 cops testified against her, we kept out both a damning video and medical records showing her blood alcohol was twice the legal limit. We then argued Sarah behaved completely normally at roadside before cops grabbed her and arrested her and also stressed she did the balancing tests in flip flops, after midnight, exhausted and on her way to her second job.
Jury Verdict: Not Guilty
Per Sarah: "James fought & fought & fought for me!"
Jeffrey - Salem
Accident, .19 Breath Test
Not Guilty 2nd Offense After Jury Trial
Jeffrey rear ended a large truck and tried to drive away but was unable to get very far. His breath test was 2 1/2 times the legal limit. We immediately filed a Motion to Preserve the Booking Video which showed him speaking and walking perfectly normally. After the breath test was thrown out, he chose trial where both the police and a civilian witness testified against him. However, attorney Dunn convinced the jury to find him not guilty.
"Represented me for 26 months and never asked for more money!"
Not Guilty 2nd Offense
Judge Orders License Restored
James Dunn is master at what he does. He kept me informed every step of the way during the two years it took to go to trial and helped me make all the right decisions from day one. We declined the DA's offers to settle the case and instead fought it. At trial, James was obviously well prepared with motions and arguments and convinced the jury to find me not guilty. Then he immediately convinced the judge to restore my license despite my 3-year breath test refusal suspension. Attorney Dunn helped me get my life back. I couldn't be happier at what did for me.
"Attorney Dunn Helped Me Get My Life Back"
Donald, Boston / Charlestown
Failed Breath Test & Roadside Tests
All 6 Charges Dismissed
Attorney Dunn went beyond my wildest expectations. He was always with me in court, always on time and always prepared. He never gave up fighting for me for almost two years. I didn't think I had a chance because I failed the field tests and the breath test. But, incredibly, James got the breath test thrown out of court! Then he was able to convince the judge to dismiss all 6 charges. That saved me from a two year license loss, a possible jail sentence, and thousands of dollars in fines and fees.
"James Dunn saved my job!"
Jimmy, Uxbridge / Worcester
OUI 2nd Offense Dismissed
2 Other Charges Dismissed
"James went way above and beyond my expectations. They take their work seriously and obviously enjoy what they do. I could tell people in the court respected him. I was even willing to take a year or two of probation but didn't have to because they got all 4 charges dismissed. Any further delay would have led to the loss of my job. My boss had been patient but that had run out. Now I can focus on my work and family again without this hanging over my head.
"You Can have total confidence in him."
2nd Offense - Not Guilty
License Restored Immediately
"James put my mind at ease from the very beginning. Was always available to answer questions and give me guidance, no matter how late I got home from work. Gave me solid advice and helped me make all the right decisions. Should I plead guilty or go to trial? Should I choose judge or a jury trial? Was right about everything!"
"Right about everything!"
Seth, Malden & Board of Appeals
Not Guilty - 2nd Offense
Client was reported as an "erratic operator." Cop approached him, was overwhelmed by an odor of alcohol, his eyes were glassy and bloodshot and his speech slurred. At trial, attorney Dunn argued he was able to produce his license and registration with no difficulty and performed well on the one leg stand test at 3 AM. Judge quickly found him not guilty and ordered the 3-year refusal suspension removed. When RMV refused to return license, attorney Dunn convinced the Board of Appeals to order the RMV to do so.
"James paid attention to every detail. His thoroughness and professionalism was reassuring."
2nd Offense - Not Guilty
3-Year Refusal Suspension Reversed by Judge
Attorney Dunn: Thanks so much for your patience, knowledge, professionalism and support. You made the process so much less intimidating for us. So glad we had you on our side at jury trial.
"You guys are the best. We sure picked a great team!"