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DUI/OUI/Drunk Driving Charges in Massachusetts

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When most people get arrested for a DUI, they are completely overwhelmed by their emotions and the DUI legal process. It is important to have a DUI attorney to represent you in your DUI case. A DUI lawyer can help guide you through the legal process and make sure that your rights are protected. The DUI legal penalties have increased over the years. Additionally, having a DUI on your record could have an effect on other parts of your life, such as employment. Here is some information regarding DUI; it is not meant to be legal advice. If you would like to receive legal advice for a DUI, please contact a lawyer as soon as you can.

DUI Penalties

http://www.mass.gov/legis/laws/mgl/90-24.htm

First Offense DUI

For a first offense DUI, a DUI offender can be sentenced up to 2½ years in the house of correction. DUI incarceration could be served on weekends, evenings, and holidays. A DUI offender could also face a fine of no less than $500 and no more than $5,000. The court may also order a DUI offender to pay $250 head injury assessment, a $250 DUI assessment, and a $50 victim witness fee. The DUI offender’s license will also be suspended for 1 year. (http://www.mass.gov/rmv/suspend/DUI.htm). If charged with a first offense DUI, the DUI offender may be eligible for a hardship license. (http://www.mass.gov/rmv/suspend/index.htm).

Second Offense DUI

For a second offense DUI, a DUI offender can be sentenced to no less than 60 days and no more than 2½ years in the house of correction. Thirty of those days are mandatory under the statute. A DUI offender could also face a fine of no less than $600 and no more than $10,000. The DUI offender’s license will be suspended for 2 years. For an alternative sentence, the DUI offender may request to attend the 14 day DUI in patient program. After DUI offender attends the DUI program, the DUI offender is subjected to DUI aftercare as deemed necessary. If the judge allows for the alternative DUI 2nd sentence, it is desirable because the DUI offender would be able to avoid a DUI jail sentence. With the alternative sentence, the DUI offender is usually put on probation for 2 years.

Third Offense DUI

For a third offense DUI, a DUI offender can be sentenced to 180 days or up to 2½ years in the house of correction. If the DUI offender is sentenced to the house of correction, the DUI offender must serve a mandatory of 150 days. For a third offense DUI, a DUI offender can also be sentenced up to 5 years in state prison. The DUI offender can serve the sentence at a DUI prison treatment facility, but space is pretty limited. The DUI offender can also face fines up to $15,000. The DUI offender’s license is suspended for 8 years. There are no hardship licenses that are available for a DUI 3rd offense. The registry may also be able to seize the DUI offender’s vehicle and sell the vehicle.

Fourth Offense DUI

For a fourth offense DUI, a DUI offender can be sentenced to 2 years in the house of correction. If a DUI offender is sentenced to the house of correction, the DUI offender must serve a mandatory of 1 year. The DUI offender can also be sentenced to state prison for no more than 5 years. The DUI offender can also face fines up to $25,000. The DUI offender’s license is suspended for 10 years. There are no hardship licenses available to the DUI offender until 8 years into the suspension. The prosecutor may also file a civil forfeiture of the vehicle if it is registered in the DUI offender’s name. The DUI offender may be able to keep the vehicle if it is jointly owned and the court is satisfied that the other owner is dependent on the property.

Fifth Offense DUI

For a fifth offense DUI, the DUI offender can be sentenced to no less than 2½ years at the house of correction. If a DUI offender is sentenced to the house of correction, the DUI offender must serve a mandatory of 2 years. The DUI offender can also be sentenced to a state prison sentence of no more than 5 years. The DUI offender can face fines up to $50,000. The DUI offender’s license is suspended for life. There are no hardship licenses available to the DUI offender.

Call Attorney Jason Chan to talk about your case today at 508-808-8902.

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Contact Attorney Jason Chan

Attorney Jason Chan

244 Brighton Avenue, Suite 105
Alston MA 02134


Phone: 781-343-1DUI (781-343-1384)
Fax: (617) 254-8001

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