What Are The License Consequences Of A First Offense OUI Or DUI Charge?
The license consequence for a first offense OUI or DUI charge is a loss of license between a 45 and 90 days. For a typical first offense, if you don’t have a wild driving history, you’d be looking at a 45-day loss of license. However, you would be eligible for a hardship license, which will carry you through the 45 days. If done expediently, you could lose your license over the weekend, be in court on Monday, and drive again by Friday.
What Is A Cahill Disposition In A Second Offense Massachusetts OUI Or DUI Charge?
A Cahill disposition is also referred to as a second chance disposition. A Cahill disposition is offered to people who are facing a second offense OUI or DUI charge in Massachusetts. It has to be at least 10 years since their first offense transpired. In other words, it has to be at least 10 years from their first offense to their second offense. If at least 10 years have passed from the first offense to their second offense, the Cahill case creates an entitlement in which the defendant’s second offense case will be treated less harshly. Under a Cahill disposition, a second time offender would receive the punishments under the first time offense, which would include the 24D program, a shorter loss of license period between 45 to 90 days, and a probation period of one year.
What Are Second Offense OUI Or DUI License Consequences In Massachusetts?
A second offence OUI or DUI offense carries more significant consequences than a first offense. For starters, a second OUI offender is looking at a two-year loss of license. They also won’t be eligible for a hardship license until their first year has been served. Further, the offender will be on probation for two years, and at the beginning of that probation period, they’ll have to serve a 14-day in-patient rehabilitation program at their own expense. That typically costs about a $1,000. A CWOF is no longer available on a second offense. Therefore, the defendant would be looking at a guilty verdict placed on their record.
After getting a license or hardship license, the offender would be required to having an interlock device installed in their car. An interlock device is like a portable Breathalyzer, and it must be blown into in order to start the vehicle and intermittently while driving. An interlock device has to be installed in every car that is registered under the offender’s name. The device also has to be maintained every month for a fee, which is typically between $100 and $120. All of the fees, fines, and penalties add up.
A third OUI requires a mandatory minimum of five months in jail.
I Would Imagine That There Aren’t That Many DUIs In Massachusetts Since The Consequences Are Very Serious.
I’ve practiced criminal law my entire career. OUI is always the biggest moneymaker for private attorneys. There are always people coming home from a party, a work party, a holiday party in the summer, or a cookout that they went to. Most OUI stops happen within a block of their home. They could have been driving for 40 minutes, but then they get stopped at the last couple of blocks. I had one client who got stopped outside of his house. He had been driving for at least 30 minutes. That’s just the way it goes. It’s always prevalent. I always tell clients that everyone gets OUIs. Once you finish your case, you talk to your probation officer, sign paperwork, sign your contract, and get everything set up. People get really upset because they’re a good people. They are not criminals. What they don’t know, however, is that the probation officer also had an OUI somewhere down the line.
It’s not like an armed robbery. It’s just people having a couple of drinks. They think they’re fine. They go home, and swerve at just the right moment. A cop stops them, and it all goes downhill from there.
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