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Second Offense DUI, which is also referred to as OUI, DUI, or “drunk driving” is a felony. This means that you should treat a second or subsequent offense with the utmost seriousness. In order to be convicted of a second offense DWI, the Commonwealth must prove that you were previously convicted or assigned to a drug or alcohol education program for a previous offense. Under Melanie’s Law, there is a lifetime look-back period. This means that there is no limit on how far the Commonwealth can go back. However, if you have a single conviction for DWI where the conviction date is 10 or more years prior to the offense date of the second offense DUI, you may be entitled to treatment as a “second chance first offender.”
The second offender’s alcohol program consists of a 14 day in-patient component which is served in a locked Department of Public Health approved program. Following the two week in-patient component, there is usually at least 26 weeks of aftercare which consists of counseling, Alcoholics Anonymous attendance, and group meetings.
A conviction for a second offense drunk driving charge will result in a 2 year license suspension, with hardship eligibility after one year. A breathalyzer refusal with a previous conviction will result in a 3 year license suspension. These suspensions are “stacked,” meaning that you will have to serve the breathalyzer refusal suspension then the 2 year DWI 2nd offense suspension.
For a 2nd offense DWI, Massachusetts DWI Law requires offenders to pay a fine of at least $600.00 and as much as $10,000. The law calls for a sentence of imprisonment for at least 60 days, but not more than 2 and ½ years. Depending on resources, the sentence can be served in a correctional facility specifically designated for the incarceration and rehabilitation of drinking drivers. The 2nd offense DUI penalty can sometimes be reduced to 60 days incarceration.
If you live in Massachusetts, for a second offense DUI, you will be required to have an ignition interlock device installed in any vehicle which you own, lease, or operate for the entire term of any hardship license and for a two year period after getting your full license back.
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