Massachusetts OUI Third Offense or Higher

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Facing an OUI third offense or higher in Massachusetts can be extremely overwhelming, especially because of the enhanced penalties, including mandatory minimum time in jail. These are also felonies, which could have lifelong adverse consequences on employment, housing, etc.

Breath Test Suspensions Imposed by Massachusetts RMV

For drivers 21 or older, the RMV will automatically impose the following license suspensions:

Third Offense (felony):

  • 5-years for refusing the breath test
  • 30-days for failing the breath test

Fourth Offense (felony):

  • Lifetime suspension for refusing the breath test
  • 30-days for failing the breath test

Fifth Offense or Higher (felony):

  • Lifetime suspension for refusing the breath test
  • 30-days for failing the breath test

Potential Court-Imposed Penalties For Multiple Offense OUIs in Massachusetts

Third Offense (felony):

  • 8-year license suspension
  • Minimum 180 days up to 2.5 years in jail
  • Or, if indicted, minimum 2.5 years up to 5 years in state prison

Fourth Offense (felony):

  • 10-year license suspension
  • Minimum 2 years in jail
  • Or, if indicted, minimum 2.5 years up to 5 years in state prison

Fifth Offense or Higher (felony):

  • Lifetime license suspension
  • Minimum 2.5 years in jail
  • Or, if indicted, minimum 2.5 years up to 5 years in state prison

Contact Massachusetts OUI Defense Attorney James Dunn Now

Contact Massachusetts 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 Third Offense & Higher Cases We've Handled

Terry, Fitchburg
5th Offense
Failed Breath Test
Jury: "Not Guilty" in 5 minutes
Terry faced a mandatory 2.5 year jail sentence if convicted plus a lifetime loss of license. He was stopped for speeding. Officer noted a strong odor of alcohol and that his speech was slow and slurred. He stumbled getting out of the car and did not perform well on the 9 step walk and turn test. On the one leg stand, he was unable to keep his foot up more than a couple of seconds despite multiple tries. At the station, he took the breathalyzer and failed. After keeping the breath test out of evidence, we went to trial. We stressed to the jury he pulled over promptly and safely, did the tests in heavy hiking boots in the cold at 1:45 AM and recited the alphabet correctly. He was found not guilty and Attorney Dunn convinced the judge to order the RMV to immediately restore his license.
No Lifetime License Loss
Per Terry: "It made a huge difference having a real lawyer at my side"

Chris, New Bedford
3rd Offense Reduced to 2nd
Then All Charges Dismissed
'Cop wrote that I had an extremely strong odor of alcohol, red, glossy and bloodshot eyes and ordered me out of my car. After the arrest, they found two alcohol nips in the front seat area. During the year and a half they represented me, they prevented the charge of felony third offense being filed. When the cop failed to show for the second time on a motions date, attorney Dunn vociferously argued that the case was taking too long and the cop didn't bother to notify the court he wasn't going to be there and that the only appropriate remedy was dismissal of all the charges. The judge agreed. 

But he didn't stop there! Attorney Dunn had fully prepared beforehand for this eventuality. He immediately presented a previously drafted motion (see the link below) to restore my license and the judge signed it the same day, overturning my five year refusal suspension.'
5-Year Refusal Suspension Reversed

James, Concord / Newton
3rd Offense
Failed Breath Test .17
James Dunn had to go back to the other court three times before the clerk finally found the recored of my first OUI in the basement. That made all the difference at trial. The DA wanted to give me a two year jail sentence but James's firm talked the judge out of it and proved the first OUI shouldn't count against me. I can't believe how hard they worked for me. They're fantastic.
Mandatory Jail & Felony Conviction Avoided

David, Falmouth
3rd Offense Reduced to 1st
13 Year License Loss Reduced to 45 Days
I can't believe how hard attorney Dunn worked for me. First, he got my 5 year refusal suspension overturned. Then he went back to the other courts where I had at least 2 OUIs from 30+ years ago. He found my old records and convinced the judge to treat me as a first offender instead of a third.
Here is what he avoided for me:

  • A felony conviction
  • 6 months in jail
  • 13 years with no license

Attorney Dunn Is Here for You

Attorney James Dunn is an OUI / DUI lawyer who proudly and vigorously defends clients in OUI matters across Massachusetts

Contact Attorney Dunn Today

Here for you when you need me 24/7. Call now, no matter what time it is. I will respond immediately: 617-504-4881.

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