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In most cases, if you are charged with DWI in Massachusetts, you should not "plead out." With an experienced DUI lawyer, you may have a good chance of being found not guilty or getting the DWI charge dismissed. In the majority of Mass. DUI cases, the benefits of fighting the DUI charge generally outweigh the consequences of being found guilty. Every DUI case has its strengths and weaknesses. It may be possible to exploit these weaknesses to get a not guilty verdict or a dismissal of the DWI charge.
In order to convict someone of DUI in Massachusetts, the prosecution must prove its case beyond a reasonable doubt and, through your lawyer, you have the right to challenge each and every element of the prosecution's case. If you refused the breathalyzer, the prosecution will be missing an important piece of evidence. It usually, therefore, makes sense not to "plead out" and to fight your Mass. DWI charge, even for a first offense. Although each DUI case is different, it generally makes sense to fight a first offense DWI. Even if you are convicted, if you have no other DWIs on your record in any state, you will likely able to get a First Offender 24D disposition. Technically, a first offense Mass. DUI conviction carries a penalty of up to 2 and 1/2 years in the House of Correction. However, a jail sentence for a first offense DUI is virtually unheard of.
It is important to get a not guilty verdict or dismissal even on a first offense DUI because of Melanie's Law, under which there is a lifetime look-back period with escalating penalties, increasing fines, and progressively longer license suspensions and jail sentences. This means that a first offense DUI conviction can haunt you for the rest of your life.
Second Offense DUI is a felony and a very serious charge. A conviction for DWI second offense carries a minimum mandatory sentence of 30 days in jail with a potential sentence of 2 and 1/2 years in jail. When determining if you are a second offender, the prosecution can introduce evidence of prior DUI convictions or alcohol program assignments from anywhere in the world at anytime. If you are convicted of a second offense DWI, you will be required to use the ignition interlock device during the term of any hardship license and for a 2 year period thereafter. These 2nd offense DUI penalties are in addition to the stiff fees, fines, and other costs. Given these 2nd offense DUI penalties, it usually makes sense to go to trial and fight. However, to encourage plea bargains, second offenders may be able to get an alternative disposition of a 14 day locked in-patient alcohol program, aftercare, and 2 years supervised probation. Please consult with an experienced DUI attorney if you are facing a 2nd offense DUI charge.
Third, fourth, and fifth offense DUI charges are extremely serious. They are felonies which may involve pretrial detention and harsh license suspensions. Additionally, a conviction for a 3rd, 4th, or 5th offense DWI carries substantial minimum mandatory jail time. Convictions for these subsequent offenses carry substantial fines, with some as high as $50,000.00. If you are facing a DUI charge as a repeat offender, it is important to know that the jury will never hear of your prior offenses. This information would unfairly prejudice the jury, so that the jurors are not allowed to hear that evidence.
DWI convictions will result in a lifelong criminal record and may disqualify you from employment, increase your auto insurance rates, prevent you from holding certain licenses, and may limit your ability to travel to Canada. Whether to plead out or not is a critical decision, which you should make only after consultation with a Massachusetts DUI Lawyer. Making the wrong decision could be costly in many ways. Countless individuals facing charges as 3rd, 4th, or 5th offenders wished that they had fought their 1st or 2nd offense DUI charge.
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