I am waiting for a hearing on my DUI charge and getting very nervous. My attorney says I will lose my license for a while but will not go to jail. Is she right? (Posted by Ugotgame on the Forum.)
Editor's Response:
Assuming this is your first arrest for OUI, it is unlikely you will do any jail time. The penalties for operating a vehicle under the influence are spelled out in Massachusetts General Laws Chapter 90, Section24. Although the law states that the maximum penalty for a first offense is 2.5 years in jail, fines up to $5000, and a 1 year license suspension, it is very unusual in Massachusetts for a defendant to get jail time for a first offense. Jail time is more likely on a second offense, and mandatory (minimum five months) on the third offense.
For more information or to post a question, visit our MA Criminal Law Discussion Forum.