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OUI Second Offense
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.