What Am I Looking At?
A conviction on a Fourth Offense OUI mandates a jail sentence of at least 2 years, 1-year of which must be served incarcerated. A conviction on a Fifth Offense OUI mandates a jail sentence of at least 2.5 years, 2-years of which must be served incarcerated. The implications of a Felony conviction can be devastating, you need an attorney who will fight every step of the way. These cases often result in trials because the consequences are so severe.
What Sort of Attorney Should I Hire?
Felony OUI cases are complex matters that require specialized training to ensure the best possible outcome. You will want a lawyer who belongs to the National College for DUI Defense (NCDD) or other professional organization specializing in this area. Not only is Bob a NCDD Member, his experience in criminal trials and personal connection to OUI work make him uniquely qualified to handle your case. Still, this is a serious decision and you may want to research/speak with multiple attorneys before retaining one.
Will I Ever Get My License Back?
A fourth OUI conviction requires a 10-year loss of license and a fifth OUI is a lifetime loss. Our best chance is to go to trial and win. If we are successful, you will be able to apply to the RMV for reinstatement subject to a fee. If you refused the Breath Test on a charged Fourth Offense OUI, your license is suspended for lifetime. If you took (and failed) the Breath Test and served the associated 30-day suspension, your license will then be suspended for an additional 10-years. You will not be eligible for a Hardship License until you have served 5 years of that suspension. If you are issued a Hardship License, you will be subject to the Ignition Interlock Requirement for the duration of your Hardship License plus 2 years on a regular license. Additionally, you will not be eligible for a hardship license on a 5th OUI conviction.