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4th Offense DUI in Massachusetts is an extremely serious felony charge. A conviction for 4th offense DWI carries a minimum mandatory 1 year in jail, with a possibility of up to 5 years in state prison. The minimum fine for 4th offense DUI is $1,500.00 and fines could be as high as $25,000. There is a mandatory 10 year license suspension, with consideration for a hardship license after 5 years.
Also, under Melanie’s Law, the vehicle used to commit the 4th offense DUI may be seized and forfeited.
There is no ability to get a continuance without a finding or CWOF after a jury trial for 4th offense DUI.
Ignition interlock usage is mandatory for all 4th offenders for the entire term of any hardship license and for 2 years thereafter. There are no exceptions to this requirement.
If the prosecution is prepared to prove a 4th offense, a judge has no discretion to reduce the charge to a 3rd or lesser DWI offense.
Because of Melanie’s Law, the prosecution can prove prior offenses by certified court and/or probation records. A live witness is not required to prove prior DWI convictions or alcohol program assignments. It may be possible to challenge evidence of prior convictions such that the prosecution may not be able to prove all of the alleged prior offenses. The prosecution must prove that you were the same individual who was previously convicted of DWI.
When counting prior offenses, both Massachusetts and out of state DUI offenses can be used against you.
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