Massachusetts is one of the strictest states when it comes to enforcement of DUIs -- also known as “OUIs” (Operating Under the “Influence”). For example, Massachusetts has an unlimited look back period. That means that any previous OUI charge will count as a prior offense. In addition, a law known as “Melanie’s Law” was enacted in 2005 to increase the OUI penalties.
If you are convicted of a third or subsequent DUI offense, the following administrative penalties will occur:
If you are convicted of a third or subsequent 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.
Unlike first and second OUI offenses (without injuries) that are considered to be misdemeanors, third OUI offenses, are felonies.
The individual can do any of the following:
The penalties for a third offense OUI in Massachusetts are serious, often severe, and are likely to have a lifetime effect. For that reason you may wish to seek the assistance of an experienced DUI/DWI lawyer.