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attorney joseph higgins

If you’ve been arrested and charged with a Fifth Offense OUI,

your defense must begin now.

Fifth Offense OUI Lawyer Massachusetts

A Fifth Offense OUI is a felony and a conviction comes with a minimum mandatory jail sentence and a lifetime license loss. How this kind of charge might affect your life, your family and your career is not lost on us. The reality is, the ramifications are significant and far-reaching. We understand that and we understand how important it is that your case be fought tooth and nail.

Our firm practices 100% OUI Defense. We understand the significance of this charge and the impact it may have on your life.

Submit A Free Case Evaluation or call (508) 930-4273 24/7 to speak with Attorney Higgins directly for free.

If you are convicted of a Fifth Offense OUI, in most instances you can expect the following:

• Guilty finding and a jail sentence of at least 2.5 years (2 years of which must be served incarcerated)
• Fine of between $2,000 and $50,000
• Lifetime License loss
• You will not be eligible for a Hardship License

If you were arrested and released to appear in court for your “arraignment,” you’re probably wondering what to do and what to expect when you get to the courthouse.

Step 1: An “arraignment” is your first formal appearance in court. When you get to the courthouse, the first thing you need to do is report to the Probation Department.

Step 2: Once you’re there, you will meet with a Probation Officer and they will ask you a series of biographical questions. They ask you these questions so that

(1) they can run your criminal record, and;

(2) they can assess your eligibility for a court-appointed lawyer.

Step 3: Once you’ve completed this process, you will be directed to the First Session/Main Session courtroom, where you will wait for your case to be called. When your case is called, the Clerk will read off the complaint and enter pleas of Not Guilty on your behalf.

Step 4: The judge will then continue your case to a date for a “Pre-Trial Conference.”

Step 5: Depending on the facts of your case and your criminal record, you may have to post an amount of bail.

Submit A Free Case Evaluation or call (508) 930-4273 24/7 to discuss your situation with Attorney Higgins directly for free.

Fifth Offense OUI Laws In Massachusetts

The law for a Fifth Offense OUI is complex. To assist you in understanding what comes with a Fifth Offense OUI, we have put together a complete summary of what you can expect with a Fifth Offense OUI. We have derived this summary directly from Mass. Gen. Laws ch. 90, § 24—the Massachusetts OUI law. Attorney Higgins is available to speak with you at (508) 930-4273 should you have any questions.

Fifth Offense OUI Penalties: Fine of between $2,000 and $50,000; Incarceration for not less than 2.5 years nor more than 5 years. Any period of incarceration cannot be suspended, nor may you be placed on probation, furlough, or be eligible for parole, or receive any reduction in your sentence until 2 years (minimum mandatory) of your sentence has been served incarcerated.

Fifth Offense OUI Fees and Fines: $65/month Probation Service Fee; $250 Head Injury Assessment; $50 Victims of Drunk Driving Fee.

Fifth Offense OUI License Loss: Lifetime (not eligible for a Hardship License).

Hardship License Requirements: You will not be eligible for a Hardship License.

Frequently Asked Questions: Fifth Offense DUI

Will I go to jail for a fifth DUI offense?

If convicted on a Fifth Offense, yes. 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. Given this reality, there is little incentive to plea/admit to a Fifth Offense OUI.

Can I get a “Cinderella License" if this is my fifth OUI offense?

No. A conviction on a Fifth Offense OUI comes with a lifetime license loss and you will not be eligible for Hardship License consideration.

Will the jury know that this is my fifth offense?

No, the jury will not know that you have prior OUIs. In Massachusetts, subsequent offense OUIs are treated in a bifurcated fashion. You will have a trial on the issue of whether or not you are guilty of operating under the influence of alcohol on the date of your most recent arrest. Only if the Commonwealth proves you guilty of OUI will you move on to a second trial where the Commonwealth must prove beyond a reasonable doubt that you are the same person whom, on a prior occasion, was convicted or sentenced to an alcohol education program for a similar or like offense on four prior occasions.

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269 Hanover Street, Building One
Hanover, MA 02339

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North Andover, MA 01845

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Boston, MA 02108


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