SUBSEQUENT OFFENDER OUI CASES are serious and involve a number of issues apart from a typical "OUI" case. I am experienced in handling subsequent offender OUI cases and can advise you of the risks you face with such a charge. As with any OUI case, we will go over your case from the beginning to the end.

We will review a number of issues, including:

1. If the police had a valid reason to stop you.
2. If the police had a valid reason to ask you to perform so-called field sobriety tests ("FST's").
3. If the FST's were administered properly by the police.
4. If any statements made by you may be suppressed.
5. If any breathalyzer test was administered and, if so, if it was administered properly.
6. If there are any challenges to the breathalyzer machine.

• You may receive a guilty finding.
• You may receive a jail sentence of not more than 2 1/2 years.  Many judges will not impose jail time, but will order probation with the requirement that the individual complete a 14-day inpatient program.  Whether jail time is likely on a second offense depends on a number of factors: the judge, the facts of the individual case, the length of time between offenses, and the overall criminal history of the individual.
• Your license will be suspended for 2 years, with a work/education hardship considered in 1 year.  If you refused the breath test your license will be suspended for three (3) years.  If you have taken the breath test with a reading of .08 or above, the RMV will take your license for 30 days.

A third offense OUI is a felony and you are facing a 15- day minimum mandatory sentence in jail. The RMV will suspend your license for eight (8) years.

• You may receive a guilty finding.
• You may receive a jail sentence of not less than 2 1/2 years, of which 150 days is a mandatory minimum to be served. If indicted, you may receive a jail sentence of not more than 5 years (felony status).
• Your license may be suspended for 8 years, with a work/education hardship considered in 4 years, and a general hardship in 8 years. If you refused the breath test your license is suspended for LIFE.
• Ignition interlock devise required under G.L. ch. 90, sec. 24 1/2.
• A felony conviction requires the motorist to provide a DNA sample upon conviction.

• You may receive a guilty finding.
• You may receive a jail sentence of not less than 2 years (1 year mandatory minimum). If indicted you may receive a jail sentence of not more than 5 years (felony status).
• A fine of $1,500 - $25,000.
• Your licens4e may be suspended for 10 years, with a work/education hardship considered in 5 years and a general hardship in 8 years. If you refused the breath test your license is suspended for LIFE.
• Ignition interlock devise required under G.L. ch. 90, sec. 24 1/2.

• You may receive a guilty finding (felony).
• You may receive a jail sentence of not less than 2 1/2 years (2 year mandatory minimum). I8f indicted, you may receive a jail sentence of not more than 5 years (felony status).
• A fine of $2,000 - $50,000.
• Your license may be suspended for LIFE with no possibility of a hardship license.

Effective November 30, 2002, "Repeat offender" status for Drunk Driving (OUI, DUI, DWI) cases is determined in Massachusetts based on a "Lifetime Lookback". So, even if you had two OUI/DUI/DWI convictions 30 years ago, they will count against you.

A previous Continuance Without A Finding (CWOF) with an assignment to an alcohol education program will count as a first offense. Additionally, if you have been charged with an out-of-state offense with a Massachusetts driver's license, then you may also be treated as a subsequent offender.

NOTE: Even if a court consider you a first or second offender in a Lifetime Lookback type of situation, the RMV is not bound by the court's classification of you. For instance, if you are charged with a first offense even though you had to prior OUI convictions in Massachusetts or another state that were over 10 years old, the RMV will likely consider your conviction a third offense and suspend your license as such.