What Am I Looking At?
A conviction for an OUI Third Offense is a felony, and includes mandatory jail time. For this reason, Many clients charged with a third offense elect to go to trial. A conviction on a Third Offense OUI mandates a jail sentence of at least 180 days, 150 days of which must be served incarcerated. The consequences of going to trial and losing are very similar to those we can obtain via a plea agreement. Individual circumstances vary, however, so it is best to call an experienced attorney like Bob right away to discuss your options.
What About My Driver’s License?
Conviction for an OUI Third Offense will mean an 8-year Driver’s License loss. You will be eligible for a 12-hour Hardship License 2 years into the 8-year suspension. If you are granted a hardship license, you will be subject to the Ignition Interlock Requirement. NOTE: If you refused the Breath Test and have a resulting 5-year Refusal Suspension, the 8-year suspension will run consecutive to the Refusal Suspension and you will not be eligible for Hardship License consideration until after the 5-year Refusal Suspension has run. Also, if you are issued a Hardship License you will be subject to the Ignition Interlock requirement for the duration of your Hardship License and for 2 additional years when you are granted a regular license.
This sounds bad, Bob, any good news?
While this is a serious charge, our fight is only just beginning! The jury in your trial won’t know that you’ve previously been convicted of OUI, so the focus will be 100% on the facts of this case. The Commonwealth must prove every element of the charge beyond a reasonable doubt, which is the highest legal burden not only in our country but anywhere in the world. It is a difficult standard for the prosecutors to meet, especially if there are issues with evidence. Moreover, an experienced attorney like Bob will be able to show the jury how things like SFST’s (standardized field sobriety tests) might be unreliable in your case. Bob is a member of the National College for DUI Defense, which specializes in these complex trials. If you are facing an OUI Third in Massachusetts, you need to call an attorney like Bob ASAP.