Fifth OUI Offense Attorney in Quincy

Serving Clients throughout Norfolk County

By the time you have reached your fifth OUI offense, you are likely an easy target for prosecutors who want to prove that you are guilty of the accused offense. By being charged with operating a vehicle while under the influence (OUI) of drugs or alcohol in Massachusetts, you are at risk of facing serious penalties. Those penalties only become more severe with each additional previous conviction.

Whatever the facts are that led to your arrest, you will need to immediately seek legal counsel so you can protect your future. Having an extensive record of OUI offenses only makes it more imperative that you have the right representation—a Quincy OUI lawyer who can aggressively attack the arguments of the prosecution on your behalf. By reading the information below, you can learn more about the law surrounding OUI, potential penalties for fifth-time offenders and the type of legal representation you will need when fighting such charges.

Harsh Sentences for Fifth-Time Offenders

According to General Laws Chapter 90, §24(1)(a)(1) (2012), a conviction for an individual who has had four or more previous convictions or assignments to a drug or alcohol program can result in imprisonment for no less than two-and-a-half years and a fine of $2,000 to $50,000.

A person receiving such a conviction will able to have his or her sentence reduced to less than two years, nor will he or she be eligible for furlough time, probation, parole or deductions of sentencing for good conduct. The individual will also not be eligible to have the sentence suspended. Sentences can also become more severe with the presence of other factors, such as whether the offense was an OUI with injuries.

Driver's License Suspensions and Revocations

When you are accused of an OUI, you are believed to be a hazard to other drivers on the road. For that reason, the Massachusetts Department of Transportation's Registry of Motor Vehicles (RMV) is legally required to suspend or revoke your driver's license or right to operate a vehicle.

This can become effective upon an OUI arrest, a refusal to submit a chemical test—such as a breath test or blood test—on the arrest date or an OUI conviction. Sometimes, you are subject to a suspension before any proof has even been shown that you committed the crime. Individuals who are accused or convicted of the offense are subject to the highest level of such revocations and suspensions.

Suspected fifth-time OUI offenders who receive a conviction or who refuse chemical tests when requested by law enforcement can have their licenses suspended or revoked for their entire lives. Anyone with three to four previous offenses will have to undergo these types of penalties compared to those with fewer offenses, who only have to deal with suspensions and revocations that last several years, at most. In addition to this, drivers can receive suspensions that start on the day of arrest when chemical tests show that they exceeded the legal limit for drinking and driving.

Individuals with two or more convictions—including fifth-time offenders—can be forced to have an Ignition Interlock Device (IID) installed on their vehicles. With this device, they will be forced to submit a breath sample each time before driving. Their vehicles will not start if their BAC levels are above 0.02%.

Building a Strong Defense

You might feel hopeless when dealing with this type of situation. You do not, however, have to give up just because you have a driving record that can be used against you. There are strategies that can be used in your defense, whether they involve analyzing the law enforcement officer's procedures in testing your for impairment or the accuracy of the tests themselves.

It will be difficult to do this alone if you are not a trained legal professional with an in-depth knowledge of how the court system works. For that reason, you should not hesitate in calling my firm, Flanagan & Associates. Attorney Dave Flanagan is an OUI defense attorney in Quincy who provides clients with aggressive representation.

Our attorney makes sure he is easily accessible to clients at all times, whether that is through phone calls, text messaging, or other forms of communication. Call our office so you can receive a complimentary initial consultation.