Third Offense OUI in Massachusetts

What Are the Consequences of a Third DUI Conviction?

Things have just gotten very serious.  A third offense OUI conviction cannot be explained away as a simple mistake like an OUI 1st, nor is it still a misdemeanor offense like an OUI 2nd.

If convicted of DUI for a third time, you will

• do a minimum of 6 months in jail;
• be labelled a felon;
• and lose your license to drive for at least 8 years (with hardship eligibility after 2 years);
• if you refused the breathalyzer, add 5 years to your license suspension with no hardship eligibility.

As a felony, depending on the facts of your case and your criminal record, it is possible that you could be indicted by a grand jury and have your case proceed in the Superior Court instead of the District Court.  If so, this exposes you to a State Prison sentence of up to 8 years.

So, where does that leave you? What are your options on an OUI 3rd charge?

Is a Plea Bargain Possible on my Third OUI Charge?

Pleading guilty to an OUI 3rd is rarely a viable option because you will still be sentenced to a minimum of 180 days in jail.  Unless there is a significant risk of being sentenced to more than that after a trial (such as with a significant criminal record), then the cost-benefit analysis says take it to trial and take a shot at a not guilty, regardless of the facts.

A plea is still a possibility, but the prosecutor must agree to amend the Third Offense OUI charge down to a Second Offense OUI, which many simply will not do as a matter of policy.

It is sometimes possible where there are many years since the last offense and there is no other significant criminal record.  It becomes more likely if we can emphasize your better characteristics (involvement in the community, family man or woman, character letters, etc.), but is a tough sell to both the ADA and the judge.

Another way a criminal defense attorney can increase the chances of getting a third OUI "amended down" is to attack the government's case during the pre-trial stages of the case (as we do in every case that gets that far).  If successful, it may raise doubt as to the strength of the prosecution's case and bring them to the table.

OUI cases give rise to frequent recurring issues that might be exploited:

• Are there sufficient facts alleged in the complaint or indictment to meet the elements of the offense. (e.g., evidence of you driving, or public way).
• Are there any Search and Seizure, Miranda or Right to Counsel issues, allowing for a Motion to Suppress evidence or a Motion to Dismiss.
• Were the Field Sobriety tests conducted correctly?  Was the breathalyzer administered properly?
• Can the prosecution prove the prior offenses?  Very often they're old and difficult to document.

Trial of an OUI Third Case

Naturally, a plea bargain is not always possible or even what we want, and the case must be taken to trial.  Trials are won with preparation, experience, communication and an ability to think on your feet in the midst of a fluid, stressful and often acrimonious setting.

Evidence can still be excluded under the rules of evidence and procedure and it is crucial for your criminal defense attorney to make timely objections, at the risk of inadmissible evidence being offered against you and failng to preserve the record.

If evidence comes in, it must be attacked at every opportunity. An experienced criminal defense lawyer will often be able to decimate the credibility of government witnesses on cross-examination and offer ounter-evidence in support of your innocence. All of this must be done in a way that lends credibility to you and your defense in front of the jury that will ultimately decide your fate.

At Equitas Law, our attorneys have handled hundreds of serious felony cases such as Third Offense OUI all over Massachusetts.  You may feel overwhelmed at the moment, but we can help you get the best possible result.