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 If you have never been convicted of DUI, DWI, OUI, or "drunk driving" or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by any Massachusetts Court or by the Court or any other jurisdiction, you are considered a "first offender." You may be considered a second chance DWI First Offender if you have one previous DUI conviction or alcohol program assignment and it is more than 10 years old. When counting previous offenses, it does not matter that a drunk driving offense occurred in another state or even another country. Also, for determining DWI First Offender eligibility, it does not matter whether you were found guilty or whether the case was continued without a finding. if you were convicted or assigned to an alcohol or drug program, the offense will count. Contact a DUI Defender today for a free review of your records, to determine if you qualify as a Massachusetts DUI First Offender. A Mass. DUI Lawyer will obtain your records and let you know exactly where you stand.
The benefit of being treated as a DUI First Offender in Massachusetts is that, if you are over 21 years of age, your license will only be suspended for 45 to 90 days for the DUI and you can be considered for a hardship license. You will be placed on probation usually for one year, but for not more than 2 years and you must complete what is known as the Massachusetts 24D Program. This is a DUI First Offender Alcohol Education Program approved by the Mass. Department of Public Health. The fee for the 24D program is approximately $600.00. The Mass. 24D Program requires you to attend one hour weekly meetings for 16 to 24 weeks. Failure to attend the alcohol education program can result in a probation violation and a hardship license revocation.
A benefit of the DWI First Offender Disposition in Massachusetts is that you will usually not have to plead guilty. Instead, you will admit that there were sufficient facts for a finding of guilty. This means that the case will be resolved with a continuance without a finding or CWOF. Although the DWI will count against you with regard to subsequent offenses when determining DWI license suspension penalties, the admission to sufficient facts, followed by a CWOF, avoids many of the other consequences associated with a conviction. For example, if you are asked on an employment application if you have ever been convicted of a crime, you can legally answer "no."
If you are under 21 years of age at the time you commit your First Offense DWI, your license will be suspended for 210 days. Your license will also be suspended for an additional 180 days. This suspension can be waived by enrollment into the 24D program. Also, for a first offense, if you are under 21 years of age and you refuse the breathalyzer, your license will be suspended for an additional three (3) years.
Many clients often ask whether or not to try to get a DUI first offender disposition and "plead out." Whether or not to do this is a critical decision and you should only make it after speaking with an experienced DUI Lawyer. Under Melanie's Law, there is now a lifetime lookback period. Therefore, a decision to "plead out" can have consequences that last a lifetime. Many subsequent offenders wish that they had fought their previous DWI charges.
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