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In Massachusetts, a third Offense DWI, which is also referred to as DWI, OUI, or “drunk driving” is a felony. A 3rd offense DUI conviction can have serious consequences which may include incarceration. There is a lifetime look-back period because of Melanie’s Law, which means that the Commonwealth can introduce evidence of prior DUI convictions or convictions of similar offenses which occurred anywhere in the word at any time in your life.
A conviction for a 3rd offense drunk driving charge will result in a painful eight (8) year license revocation. After serving 2 years of this 8 year 3rd offense DUI license suspension, in order to obtain a hardship license from the Mass. Registry of Motor Vehicles, you must have completed a 90 day in-patient alcohol program. However, it may be possible to get a hardship license from the Board of Appeal without this program. Contact Attorney Brian E. Simoneau to find out how.
If you have refused the breathalyzer on your 3rd offense DUI, meaning that you have been twice previously convicted of drunk driving, your license will be immediately and automatically suspended for a 5 year period. There is absolutely no ability to get a hardship license during this breathalyzer suspension period and it runs consecutively with any DWI suspension. Therefore, it is critical to challenge and appeal this refusal suspension. Contact Attorney Brian E. Simoneau to discuss your breathalyzer refusal suspension appeal. Attorney Simoneau has achieved excellent results, even in cases of lifetime breathalyzer refusal suspensions.
If you are found not guilty of DWI, you are entitled to a hearing on the return of your license in the District Court were your case is being heard. At the license reinstatement hearing, there is a presumption that your license should be returned. The burden is on the Commonwealth to prove that the return of your license would endanger public safety. The handling of these license reinstatement hearings is critical. You should contact a DUI specialist regarding this important hearing. If you do not prevail at this hearing, and you refused the breathalyzer, you will still lose your license for 5 years even though you were found not guilty of DWI. As you can see, it is a misconception that a not guilty verdict will automatically result in the return of your driver’s license.
When determining the number of previous offenses for the length of a breathalyzer refusal or DWI license suspension, it does not matter whether the court treats you as a first, second, or third offender. The Registry has the legal right to use prior DWI incidents against you, no matter when or where they occurred. How the prosecution or the court charges you does not matter. Contact a DUI attorney to find out exactly where you stand with respect to prior offenses.
As a DUI 3rd offender, 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 thereafter.
Massachusetts DUI Law requires 3rd offenders to pay a fine ranging from $1,000.00 to $15,000.00. The DUI Law also requires those found guilty of a DWI 3rd offense to serve a sentence of not less than 180 days and not more than 2 and ½ years. However, in some cases, the 3rd offense DUI sentence can be reduced to 150 days and it can be served in a drunk driving rehabilitation facility.
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