Gone are the days you can expect leniency in court or a slap on the wrist for a drunk driving charge. If you are a repeat offender the situation is even more serious, and it is time to talk to a drunk driving lawyer. Recently on our DUI forum we had a user ask, “What will happen to me after a third DUI in Massachusetts?”
Penalties and fines for a third DUI Massachusetts
If you have been convicted for a third DUI in Massachusetts and this is your third conviction you can expect to pay fines from $1,000 to $15,000. You may have your driver’s license suspended for 8 years and you may spend 150 to 2 ½ years in prison. The courts also have the authority to require you to install an ignition interlock device in your car. Charges can be enhanced if you had a child in your car who was under the age of 14.
Will I be charged with a felony for a third DUI in Massachusetts?
Yes, if you are convicted of a third DUI in Massachusetts you will be charged with a felony and you will spend at least 150 days in jail.
Will it really be my third DUI in Massachussets?
If you have been charged with any previous DUI offenses it is important to discuss your arrest with a drunk driving lawyer.Since November 28, 2002, the Massachusetts DUI Law has required that DUI and related offenses remain on Massachusetts Driving Records permanently, for life. This means if you were arrested for OUI, DWI or DUI 10, 15 or 20 years ago the court will review these charges when they are assessing your drunk driving penalties. Additionally, if you have been charged with an OUI, DUI, DWI in another state with a Massachusetts Drivers License then you may also be treated as a multiple offender.
When will I go to court for a third DUI in Massachusetts?
The first time you will appear in court for a third DUI in Massachusetts is called your arraignment. This is the procedure when the court will formally charge you with a crime. You will have the option to plead guilty or not guilty.
Generally, you will be released on your own recognizance (bail may be imposed in addition to other conditions for your release) and will have to appear back in court at a later date for a pre-trial conference date. Prior to your next court appearance it is a good idea to talk to a DUI lawyer who is familiar with Massachusetts DUI laws.
Will I lose my license after my third DUI in Massachusetts?
If this is your third DUI in Massachusetts and you have refused to take the chemical test your license will be suspended for five years. If you submitted to the BAC test but your BAC is above the legal limit of 0.08% or higher your license will be suspended for 30 days.
Keep in mind, there are no hardship license awarded if you refuse the chemical test for a third DUI arrest, but you may have the ability to challenge the suspension if you request a hearing within 15 days from the date of your DUI arrest.
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