Fourth Offense OUI Defense Lawyer
A conviction on a Fourth Offense OUI comes with a minimum mandatory jail sentence and a 10-year 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.
• Guilty finding and a jail sentence of at least 2 years (1 year of which must be served incarcerated)
• Your jail sentence will likely be a “split sentence.” This means that part of your jail sentence will be served incarcerated and the balance of the sentence will be suspended for a period of probation. If you are found to have violated your probation, you will have to serve the remainder of your sentence
• Fine of between $1,500 and $25,000
• 10-year Driver’s License loss. You will be eligible for a 12-hour Hardship License 5 years into the 10-year suspension. If you are granted a hardship license, you will be subject to the Ignition Interlock Requirement.
o NOTE: If you refused the Breath Test on a charged Fourth Offense OUI, your license is suspended for lifetime. If you fight the case and win, however, upon order of the court your driver’s license will be reinstated subject to the RMV’s reinstatement fee.
• If you are granted a Hardship License you will be required to install an Ignition Interlock device in your vehicle for the duration of your Hardship License and for 2 additional years when you are granted a regular license.
The law for a Fourth Offense OUI is complicated. To assist you in understanding what comes with a Fourth Offense OUI, we have put together a complete summary of what you can expect with a Fourth 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.
Fourth Offense OUI Penalties: Fine of between $1,500 and $25,000; Incarceration for not less than 2 years nor more than 2.5 years in the House of Correction; Incarceration in state prison for not less than 2.5 years nor more than 5 years if you are indicted and prosecuted in Superior Court. 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 1 year (minimum mandatory) of your sentence has been served incarcerated.
Fourth Offense OUI Fees and Fines: $65/month Probation Service Fee; $250 Head Injury Assessment; $50 Victims of Drunk Driving Fee.
Fourth Offense OUI License Loss: 10 years (eligible for 12-hour Hardship License after 5 years of the 10-year suspension)
Additional Breath Test-Related License Loss:
• If you are above the age of 21 and refused the Breath Test: Lifetime
• If you are under the age of 21 and refused the Breath Test: Lifetime
• If you are above the age of 21 and failed the Breath Test (+ 0.08): 30 Days
• If you are under the age of 21, took the Breath Test and produced a reading of 0.02 or greater: 30 days plus an additional 180 days, for a total of 210 days.
NOTE: ANY LICENSE LOSS ASSOCIATED WITH A CONVICTION WILL BE IN ADDITION TO ANY BREATH TEST REFUSAL SUSPENSION. THERE ARE NO HARDSHIP LICENSES FOR THESE TYPES OF SUSPENSIONS.
Hardship License Requirements: You will be eligible for 12-hour Hardship License 5 years into your 10-year suspension. If the RMV issues you a hardship license, you will be subject to the Ignition Interlock Requirement. After 8 years of your 10-year suspension, you will be eligible for a new license on a limited basis with conditions deemed appropriate by the RMV and subject to the Ignition Interlock requirement.