While some offenses allow for a hardship exemption, others carry a lifetime suspension. Law enforcement enforces strict penalties for motorists who drive impaired throughout the state. Citizens can be charged with an OUI (operating under the influence) or DUI (driving under the influence). Both charges carry various penalties.
License suspension is at the core of these penalties, and understanding your options for criminal law support for DUIs can make a significant difference in how you navigate these consequences.
What is the Difference Between a DUI and an OUI?
Both terms refer to driving while impaired by alcohol, but the law treats them differently depending on the circumstances.
- OUI (Operating Under the Influence): Typically applies to a first or second offense. It is usually charged as a misdemeanor.
- DUI (Driving Under the Influence): Reserved for a third offense or more and prosecuted as a felony.
There are exceptions. For example, if an impaired driver causes an accident resulting in serious injuries, prosecutors may bring a felony DUI charge even on a first or second offense. In cases where the injuries are life-threatening or leave the victim permanently disabled, the potential sentence can range from six months to ten years in prison.
What Are the Penalties for a DUI/OUI in Massachusetts?
Penalties depend not only on whether it’s a first, second, or repeat offense but also on factors such as blood alcohol level and whether a child was in the vehicle.
License-related penalties include:
- First offense: Suspension of up to one year
- 24D disposition (alternative for first offense): Suspension of 45 to 90 days
- Second offense: Suspension of up to two years
- Cahill disposition: In some cases, allows a second offense to be treated like a first, with certain restrictions
- Third offense: Suspension of up to eight years
- Fourth offense: Suspension of up to ten years
- Fifth offense: Lifetime revocation with no possibility of a hardship license
License suspensions are central to the state’s approach to deterring impaired driving. Reinstating driving privileges after suspension is often a complex process.
What Can I Do to Restore My License?
The steps to regain a driver’s license will vary by offense. Understanding state laws will help to navigate the system and allow drivers back on the road faster.
First Offense
A first offense OUI is given the lightest penalties. A suspended license may be reinstated if the defendant submits a request 10 days before trial and reiterates the request during the trial. It should be noted that a conviction will automatically suspend the license again.
A “hardship license” may allow some the ability to drive certain hours. However, the hardship must be proven and is subject to the judge’s discretion.
If convicted, license reinstatement is possible after sentence and fees are paid.
Second Offense
Gaining your right to drive after a second OUI offense requires a few more obstacles. With the installment of an Interlock Ignition Device, a license may be reinstated after penalties have been made. The device must be used for two years.
In addition, there are reinstatement fees after suspension. The defendant may still apply for a hardship license to be awarded at the presiding judge’s discretion.
Third Offense
A third offense is treated as a felony and carries stricter requirements. An Interlock device is mandatory, with the length determined by the severity of the case. Fees must also be paid before reinstatement. A hardship license may still be considered under specific conditions.
Fifth Offense
There are no remedies available for a fifth conviction. The license is permanently revoked without the possibility of a hardship exception.
Each case is unique, and circumstances such as the presence of aggravating factors or judicial discretion can influence the path to reinstatement. Because reinstatement rules are complex, having a Massachusetts criminal defense lawyer review your case can help you understand eligibility, hardship license options, and the best path forward.
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Are Breathalyzers Faulty and How Can That Impact My Case?
Breathalyzers are paramount to OUI and DUI convictions in Massachusetts. However, in early 2021, the Alcotest 9510 breathalyzer machine was found to be defective and led to the wrongful convictions of thousands of citizens.
The breathalyzer was already a source of contention in the state before the Draeger Alcotest 9510 was suspected of being scientifically unreliable in a hearing last year. As a result, thousands of cases will likely be reassessed between June 2011 and April 18, 2019.
Since breathalyzers are central to any drunk driving case, excluding the evidence may overturn thousands of convictions. Notices were mailed to more than 17,000 defendants across Massachusetts.
For those who had their license suspended due to a potentially faulty breathalyzer, many could be back on the road soon.
Will the Restoration of Breathalyzers Statewide Affect DUI and OUI Convictions?
After several months without breathalyzers, Judge Robert Brennan lifted the suspension and allowed law enforcement to resume the use of the Draeger Alcotest 9510.
In his last ruling, Judge Brennan defended the suspension lift by citing:
“There is no perfect source code; there is no flawless machine.”
However, the breathalyzer continues to be a source of controversy. Over the last year, the use of the breathalyzer has been banned and restored multiple times, questioning the extent of inaccuracies.
Some contributing factors that can cause erroneous breathalyzer readings include:
- Poor calibration
- Interference from other transmissions
- Exposure to chemicals
- Certain health conditions, including diabetes
For those who may temporarily or permanently lose their license due to a breathalyzer reading, it is critical to understand the machine’s shortcomings.
A Better Judge Than a Breathalyzer
As the debate over breathalyzers continues, some critics of the machine support alternative sources of critical evidence. Some favor law enforcement training, observations, and sobriety tests.
Other states have dealt with faulty breathalyzer readings by making them inadmissible in court. For example, North Dakota still requires suspects to take a breath test but understands that it may not be accurate. Instead, blood tests are the preferred evidence to convict DUIs or OUIs.
If there are questions regarding the accuracy of a recent breathalyzer test in Massachusetts, the attorney at Riccio Law has followed the events closely and understands the implications on past and future DUI/OUI cases. Seeking Massachusetts OUI legal help may be essential to protect your rights and understand your options.
