What Am I Looking At?
A Second Offense OUI is punishable by jail time. In some cases, however, you will qualify for an alternative disposition that will either include a period of probation or a suspended jail sentence. As part of this disposition, you will be required to attend a 14-Day Inpatient Alcohol Treatment Program. The sentence depends on the facts of your case, as well as your criminal record. Without an alternative disposition, you will be fined $600-$10,000 and face imprisonment of 60 days to 2.5 years.
So, Am I Definitely Going to Jail?
No, but hiring a qualified, experienced OUI attorney like Bob can make all the difference. Many clients are eligible for a ch. 90, §24(1)(a)(4) alternative disposition. This typically means 2 years of probation, at least 14 days of in-patient alcohol/addiction treatment with approved aftercare, and installation of an IID (ignition interlock device) in any vehicle that you own or lease. In order to qualify for this disposition, we will need to show the court that you are taking steps to address your relationship with alcohol. If your first offense was more than 10 years ago, you may be eligible to obtain a “first-offender” disposition, talk to Bob for more information.
Can I Still Get a Hardship License for a Second Offense?
Upon entry into the 24D Driver Alcohol Education Program, you can apply for a hardship license during your 45-90 day license loss, subject to the Ignition Interlock Requirement. If you did not receive the Alternative Disposition under Mass. Gen. Laws ch. 90, § 24D and suffered a 2-year license loss, you can apply for a hardship license 1-year after the disposition of your case, subject to the Ignition Interlock Requirement. After 18 months (from your conviction), you are eligible for a new license on a limited basis with conditions deemed appropriate by the RMV and subject to the Ignition Interlock requirement.