Is there a difference between OUI and DUI or DWI?
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Massachusetts General Law Chapter 90 Sections 24 and Section 24D explains Massachusetts OUI penalties. In Massachusetts, the law refers to certain drunk driving offenses as “Operating Under the Influence,” or “OUI.” Some other states use the term DUI (Driving Under the Influence) and DWI (Driving While Intoxicated.) However, under Massachusetts law, they all mean the same thing and carry the same criminal penalties if convicted.
Massachusetts OUI / DUI Penalties
Massachusetts has a look-back law, which means that a plea of guilty or a conviction for drunk driving will permanently remain on your driving record. So if there are thirty years between your first and second conviction the court will apply second offense OUI penalties.
An inexperienced OUI attorney that doesn’t have experience trying DUI/OUI cases many advise you take a disposition called a “Continuance Without a Finding” (CWOF). Your attorney should tell you that a continuance without a finding is essentially the same as a guilty plea.
A CWOF will count as a first offense if you are arrested again for drunk driving. It will remain on your driving record forever and employers doing backgrounds checks will see that you had admitted to drunk driving.
1. First Offense OUI
- Incarceration for up to 2 1/2 years in House of Correction;
- $500-$5,000 Fine
- Sixty five dollar per month probation supervision fee;
- License suspended for 1 year (work/education hardship license considered after three months).
Alternative Disposition (24D)
- Up to two years of probation with a sixty five dollar per month probation supervision fee to be paid by defendant;
- Alcohol education program paid for by defendant;
- Loss of license for 45 days;
- Two hundred fifty dollar head injury fee;
- Fifty dollar OUI fee;
- Two hundred fifty dollar 24D fee.
2. Second Offense OUI
- Incarceration in house of correction for 60 days—30 days mandatory—and up to two and a half years;
- $600-$10,000 Fine
- Loss of License for 2 years (work/education hardship considered after 6 months, general hardship considered after 1 year)
Alternative disposition (24D)
- Probation for 2 years
- 14 day inpatient alcohol/drug treatment program
- Loss of License for 2 years (work/education hardship considered after 6 months, general hardship considered in after 1 year)
3. Third Offense OUI (Felony)
- Incarceration in house of correction for 180 days—150 days mandatory—and up to five years in state prison;
- $1,000-$15,000 fine
- Loss of License for 8 years (work/education hardship considered after 2 years, general hardship considered after 4 years)
4. Fourth Offense OUI (Felony)
- Incarceration for 2 years—1 year mandatory—and up to five years;
- $1,500-$25,000 fine
- Loss of License for 10 years (work/education hardship considered after 5 years, general hardship considered after 8 years)
5. Fifth Offense OUI (Felony)
- Incarceration for 2 ½ years—2 year mandatory—and up to five years;
- $2,000-$50,000 fine
- Loss of License for life, hardship not available
Brockton MA DUI Defense Attorneys • Plymouth, Bristol and Norfolk County, MA
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Being arrested for OUI is a stressful event and just because you have been arrested it doesn’t mean that you are guilty of the charge. The Law Offices of Gerald J. Noonan is an experienced Brockton DUI Attorneys. Our Brockton DUI lawyers will provide you with a proven DUI and OUI defense that you can count on.
Massachusetts OUI Penalties are some of the toughest in the nation. Our knowledgeable and experienced Massachusetts attorneys are available to assist clients throughout all of Massachusetts, including Boston, Brockton, Quincy, and Plymouth County, Bristol County, and Norfolk County, MA.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also use our Free Case Evaluation Form to contact us through our website.
Our knowledgeable and experienced Greater Massachusetts OUI Drunk Driving Attorneys at The Law Offices of Gerald J. Noonan are available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Scituate, Hanover, Wareham, Abington, Rockland, Whitman, Hanson, Holbrook, Kingston, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Dartmouth, Westport, Mansfield, Easton, Raynham, Lakeville, Norton; Cape Cod, Falmouth, Barnstable.