If you find yourself being prosecuted for an additional OUI offense, you can expect the outcome from Massachusetts law to be severe. Melanie’s Law was passed in 2005 to increase the sanctions and consequences for OUI offenders with earlier convictions. Melanie’s Law created the new offense of “Operating Under the Influence of Alcohol while Operating after Suspension for Drunk Driving”. If you have a previous OUI conviction and are convicted of another OUI, you have the potential to be charged with two crimes at once: OUI and OUI with suspended license.

Each DUI conviction will create a stricter penalty for the offender. Depending on the number of convictions you have will determine the punishment.

Second Offense

  • Up to $10,000 fine.
  • Sentence in jail for 60 days minimum and up to 2 ½
  • Suspension of license for 2 years. After 18 months, you can be considered for a general hardship license with the installation of an ignition interlock device.

Third Offense (felony)

  • Up to $15,000 fine.
  • Sentence in jail for 180 days mandatory minimum (150 to be served) and up to 2 ½ years, or State Prison time if indicted.
  • Suspension of license for 8 years. After 4 years, you can be considered for a general hardship license with the installation of an ignition interlock device.

Fourth Offense (felony)

  • $25,000 fine.
  • Based on the District Attorney’s preference, jail sentence of one of the following:
    • 2 years minimum mandatory in house of correction (District Court)
    • Potential of up to 5 years in State Prison, if case is indicted into Superior Court
    • Suspension of license for 10 years. After 8 years, you can be considered for a general hardship license with the installation of an ignition interlock device.

Fifth+ Offense (felony)

  • $50,000 fine.
  • Sentence of 2.5 years minimum mandatory in house of correction or 5 years in State Prison.
  • Lifetime suspension of license with no opportunity for a hardship license.

If you or someone you know has been convicted of operating under the influence,contact Attorney Seed for the support of a qualified Boston and New Bedford, MA OUI lawyer. Attorney Seed will examine every part of your case to create a full defense approach. Contact Attorney Seed at (508) 999-1399 or by filling out our contact form for a free evaluation today.