Operating Under the Influence – Second Offense OUI

Failed Breath Test lawyerA second time offender is anyone that has already been convicted of operating under the influence in Massachusetts or any other state.

Our Results Speak for Themselves

Massachusetts has some of the toughest penalties when it comes to drunk driving — and if you are facing charges of operating under the influence, you should have an even tougher lawyer. The most important decision you can make following an arrest for operating under the influence (OUI) is hiring an experienced lawyer.   Our results for our clients speak for themselves, and we encourage you to review some of our drunk driving case results.

What Are The Penalties for A Second OUI Offense?

Anyone convicted of a second-time OUI offense faces the following penalties, fines, and suspensions.

  • A minimum mandatory jail sentence of 30 days but not more than 2.5 years.
  • A fine of at least $600 but not more than $10,000; or
  • A loss of drivers license for 2 years. This is in addition to any suspension that resulted from failing or refusing breath test. Hardship license is available after 1 year.

Mandatory Ignition Interlock and Other Restrictions for Hardship Licenses

Second-time OUI offenders that are allowed a hardship license must install an ignition interlock device on their vehicle. They are not allowed to operate any vehicle that does not have an ignition interlock device. You will also need to adhere to additional requirements for using an ignition interlock device and a failure to do may result in violations that carry severe penalties.

An ignition interlock device is defined as “An alcohol sensing instrument mounted in an automobile and connected to the ignition system to prevent the vehicle from starting unless the driver first provides a satisfactory deep lung air sample. The device analyzes the deep lung air sample to determine the BAC of the operator. If the measured BAC is above .02, the device prevents the vehicle from starting.”

A competent attorney can save their client from the 30-day mandatory jail sentence by getting them placed on probation for two years and entered into a 14 day residential alcohol treatment program. Also, if the prior OUI conviction occurred more than ten years ago, your attorney can argue that you be sentence under section 24D which carries less severe penalties including immediate qualification of a hardship license.

Were You Charged With Your Second OUI/DUI/DWI Offense? Call us for help.

Our knowledgeable and experienced Massachusetts OUI/DUI defense attorney at The Noonan Defense Firm is available to assist clients throughout all of Southeast Massachusetts.

No matter where you are located, we are just a phone call away.  Call the Boston Drunk Driving Lawyer to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out what your legal options are for a defense against drunk driving charges. You can also click here to use our Free Case Evaluation Form.

Massachusetts Criminal Defense Attorneys No Jail Time

Free Initial Legal Consultation


Our knowledgeable and experienced Massachusetts DUI attorneys at The Noonan Defense Firm are available to assist clients throughout all of Southeast Massachusetts, including but not limited to Brockton, Taunton, Bridgewater, Weymouth, Quincy, Hingham, Marshfield, Plymouth, Attleboro, Canton, Stoughton and all smaller cities and rural areas in Southern Massachusetts. We also serve the counties of Plymouth, Norfolk and Bristol, Massachusetts.

Related posts:

Can I refuse to take an alcohol breath test?
Can you refuse to take a breath test in Massachusetts? What are the penalties and consequences for refusing to take a breathalyzer test?
What is a breathalyzer test? Are breath tests accurate?
Can you legally refuse to take a breath test? What is a chemical breathalyzer test? Are breath tests accurate? There are many reasons why breath...
Melanie’s Law - Massachusetts Drunk Driver Defense
Melanie's Law is named after a 13-year-old girl, Melanie Powell, who was killed in 2003 in a car accident caused by a drunk driver with multiple ...
9 Step Walk-and-Turn Field Sobriety Tests
A walk-and-turn test is one of three main field sobriety tests Massachusetts law enforcement use as a means to detect or measure any impairments ...
Minor in Possession of Alcohol
If you were arrested with a group of other minors at a drinking party then we may be able to beat the charges. It isn’t enough for the prosecutio...
Child Endangerment While Operating Under the Influence of Alcohol or Drugs
DCF will often get involved in situations where children were passengers in a motor vehicle that was pulled over for OUI. The courts will notify ...
OUI Drugs
Operating Under the Influence of Drugs (OUI Drugs) is a serious criminal offense in Massachusetts that can result in jail time, fines, loss of y...
OUI Marijuana Charges
One of the most important parts of the recent court decision deals with the new instructions the court will need to give a jury on an OUI Marijua...