If you’ve been arrested in Massachusetts on an OUI and charged with a third offense, you are facing a felony charge. If you are convicted and if they can prove the prior offenses, will be sentenced to a minimum of 5 months in jail, mandatory.
There is no question that you want to hire a top defense lawyer who knows how to fight and win a DUI trial. You are facing a felony charge with a mandatory jail sentence if found guilty. The penalty for a third offense DUI in Massachusetts includes:
- A sentence of not less than 180 days in jail (150 days served, mandatory), and not more than 5 years in State Prison (felony status)
- Jail sentence may be served in a prison treatment facility if program space is available
- Fines up to a maximum of $15,000
- The Registry may seize and sell your vehicle
- A license suspension of 8 years; No hardship license option available for 2 years (+5 years with a breath test refusal)
I’ve successfully fought and won many third offense cases before, and I know what it takes to beat them. In fact, I am successful more than 2/3s of the time in cases I take to trial.
I’ve also been able to get 3rd offense cases dismissed before trial based on legal motions and rulings.
There is usually only a small chance of getting a reasonable plea deal in a 3rd offense OUI, so the only option is usually to fight it. For details on how I will fight to protect your rights and freedom at trial, refer to my fight your MA OUI at trial page.
Does it Ever Make Sense to Plead Guilty To a Third Offense DUI?
It almost never makes sense to plead guilty to a 3rd offense DUI, unless of course you are negotiating down from a fourth or fifth offense.
If the prosecutor is willing to let you plead to a second offense conviction, without mandatory jail time, that is a different story. This can happen if the DA’s case is very weak, or if they can’t prove the prior offenses (such as in the case of out of state convictions), it certainly makes sense to consider a plea.
Any outcome that takes jail time off the table may be a good outcome. But where that isn’t an option, you need to fight, and that’s what I do best.
You can call me anytime to talk about your case. An attorney who doesn’t handle Mass OUI cases all the time may not be familiar with all the procedures and laws that can be used in your defense. In a third offense OUI, you need a Mass OUI attorney with the right experience to give you the best representation
If you are facing a Massachusetts Third Offense OUI, you know you need an experienced DUI lawyer to defend your rights and protect your freedom. Call me now for a free consultation at (781) 380-7730.
Russell Matson, Massachusetts OUI Attorney
Call Russell Matson’s cell phone to talk to an attorney anytime at (781) 380-7730.