Can I Avoid Jail with A Third Offense OUI?
Multiple OUI Offenses In Massachusetts
Having a first or second offense charge of OUI on your record means that hiring the right criminal lawyer is even more critical.
While each criminal charge is to be taken individually, if you have previous convictions on your record, you have an additional difficulty in defending a current OUI charge in Massachusetts. This difficulty means that a situation where you weren’t under the influence requires bringing in evidence with the help of an OUI lawyer you can trust.
Were you recently pulled over for OUI in the state of Massachusetts, and you’re not sure what to do next? Regardless of the specific facts of your case, retaining an OUI defense lawyer is one of the most important things you can do to protect your future which is particularly true if you get convicted of two OUIs in the past.
How Do I Avoid Jail on A Massachusetts OUI Third Offense?
In order to avoid going to jail for a third offense, you must:
- Be found not guilty on the underlying drunk driving charge.
- Have the Commonwealth agree to reduce the charge from a third offense to a second offense and a probationary sentence on a second offense.
- Go through a separate trial to determine how many prior OUI convictions you have.
What Happens in An OUI Trial to Determine the Offense Level?
A defendant will have to choose a bench trial to have the court evaluate the number of previous OUI convictions. The Commonwealth is responsible for presenting evidence that shows that this is the same person who was already convicted for OUI in another court. A probation record and motor vehicle record will also likely be used.
Do I Have A Good Chance of Avoiding Jail with A Third Offense OUI?
Avoiding jail time on a third offense OUI depends on numerous factors, including the district attorney assigned to the case, the strength of the state’s case against you, your age during the prior convictions and the Massachusetts DUI criminal defense attorney you hire to protect you and represent your interests in the OUI allegations. All of these factors can significantly impact the outcome of your case. Contact us today if you are in need of OUI Defense.