Unlike many states, Massachusetts has an unlimited look back period. That means that any previous OUI (Operating Under the Influence) charge will count as a prior offense. In addition, a law known as “Melanie’s Law” was enacted in 2005 to increase the penalties of Massachusetts’ OUI laws.
If you are convicted of a second DUI.OUI offense, the following administrative penalties will occur:
If you are convicted of a second DUI offense, the following criminal penalties are possible:
Massachusetts has what is known as a “lifetime look-back” period which means that if you have committed previous OUI offenses at any time, you are now a repeat offender. Even if a judge considers you a first offender for purposes of criminal charges, the Registry of Motor Vehicles is not bound by the judge's ruling. As an example, if your previous offense was in a different state, the RMV can consider it a second offense for purposes of license suspension.
First and second offenses without injuries are misdemeanors. However, if there are injuries resulting from a DUI, the crime is a felony, even if it’s only your first or second DUI offense.
The individual can do any of the following:
Because the penalties are severe for a second offense OUI, you may wish to seek the assistance of an experienced DUI/DWI lawyer.