Hello. Fourteen years ago I was convicted of driving under the influence in MA and got fined. Since then I've had a clean record and been very careful about driving under the influence. Then last week I went to a wedding and had several drinks. I felt OK and only had to drive five miles to get home but I got pulled over and now I'm facing another DUI charge (or OUI?). What is the look-back period in Massachusetts when considering whether to charge a person with a second offense? I've been told that it's ten years and that I should be OK. Can you confirm that for me? Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Look-back period for OUI
Sorry, but I think you got some bad information. First things first: You need to talk to a criminal defense attorney about this ASAP. Penalties for driving under the influence of alcohol, known as Operating Under the Influence in MA, can be stiff and, as discussed below, you will likely be charged with a second offense.
Prior to 2002, your source of information would have been correct: In trying to determine if the driver had a prior arrest for OUI, the State would only look back ten years. Since that time there have been several changes in the penalties for OUI, the options for alternative dispositions, and in the look back period. Now, the State will look at both convictions and CWOFs (continuations without finding) for the purposes of counting past offenses. Additionally, the look back period has been extended to include the driver's entire history. Any and all OUIs on your record will count toward prior convictions for purposes of determining what charges you will face.
On the bright side, when your prior offense is from over 10 years ago, as in your case, you may be eligible for a 24D disposition. Typically, that resolution is only available for first offenders. Hope that helps.
Unfortunately, The Editor is
Unfortunately, The Editor is correct. There is an unlimited look-back period in Massachusetts. In fact, I recently represented a client who is 37 years old with a wife and son. He was arrested for OUI-3rd offense, with his two priors coming when he was 16 (a juvenile) and 18 years old. He faced mandatory jail-time, but fortunately we won at trial.
While you might qualify for the 2nd-chance 24D disposition, which essentially permits you to take the alcohol education classes as if you were a first-time offender, it is always worth having a skilled defense attorney who specializes in drunk driving take a look at your case. Even if the court treats your case as a first offense, the Massachusetts RMV will always treat it as a second offense. That means that if you refused the breath test, you are looking at an automatic 3 year license suspension in addition to the court-ordered suspension. Further, you will have to install the interlock ignition device in your car for that entire duration, which in and of itself is usually reason enough to fight the case. If you win at trial, you will not have to install the interlock ignition device in your car, and a judge may also order that your license be restored immediately. For more information, go to my website's OUI/DUI center. www.massduidefenselawyer.com