Multiple OUI/DUI Serving Clients From The Berkshires to Boston

Prior Offenses

What Happens if This Is Not My First DUI/OUI Offense?

If you are facing an OUI charge, and it is not your first offense, you are likely worried about the implications of your past charge on your current one. The law in Massachusetts does prosecute multiple OUI offenders harshly. In 2005, the Legislature passed Melanie's Law enhancing the penalties for DUI/OUI offenders, especially for those with previous offenses. Each subsequent conviction will result in stricter penalties. While the lookback period for prior offenses varies from state to state, Massachusetts utilizes a lifetime lookback period. This means that any prior offense, no matter how old, can be considered in the determination to charge you as a subsequent offender and impact the penalties you may face..

The lifetime lookback in Massachusetts not only impacts the criminal penalties for OUI, it also impacts the potential suspension of your license. Melanie’s Law has not only increased the length of license suspensions for subsequent offenses, it also requires that any subsequent OUI offender have an Ignition Interlock Device installed in their vehicle.

The potential punishments for multiple DUI/OUI offenses depend upon the number of convictions:

  • Second Offense

    • Fine of $600 to $10,000

    • Jail sentence of 30 days minimum, and up to 2 ½ years

    • License suspension of 2 years; a general hardship license will be considered after 1 year, with mandatory installation of ignition interlock device

  • Third Offense

    • Fine of $1,000 to $15,000

    • Jail sentence of 180 days minimum, and up to 5 years

    • License suspension of 8 years; a general hardship license will be considered after 4 years, with mandatory installation of Ignition Interlock Device

  • Fourth Offense

    • Fine of $1,500 to $25,000

    • Jail sentence of one of the following, based on the court's discretion:

    • House of Corrections: 1 year minimum, and up to 2 ½ years total

    • State Prison: up to 5 years

    • License suspension of 10 years; a general hardship license will be considered after 8 years, with mandatory installation of Ignition Interlock Device

  • Fifth+ Offense

    • Fine of $2,000 to $50,000

    • Jail sentence of 2 years to 5 years in State Prison

    • Lifetime license suspension with no possibility of a hardship license

However, simply because you are charged with a subsequent offense does not mean that all hope is lost. There are many ways to challenge your prior offenses and potentially minimize any negative consequences. Our Massachusetts OUI attorneys are at the forefront of these challenges, and have extensive experience obtaining beneficial results for our clients.

Choose the Support of a Strong Advocate and Aggressive Defender

If you were previously convicted of operating under the influence, it is absolutely imperative that you enlist the support of an experienced Massachusetts multiple DUI/OUI lawyer. The attorneys at The Law Offices of Joseph D. Bernard understand the dire consequences you are facing and can examine every aspect of your case to develop a comprehensive defense strategy. Our team has defended countless DUI/OUI cases and possesses a thorough understanding of the state laws and legal system. When your personal liberties are at stake, you need the support of an aggressive lawyer who is committed to protecting your rights.


Contact a Massachusetts multiple OUI attorney from The Law Offices of Joseph D. Bernard P.C. if you need a strong legal advocate to represent your multiple DUI case.

Lawyers Who Provide a Scientific Defense

  • Trained Breath Test Machine Operator

    Attorney Joseph D. Bernard is the only lawyer in Massachusetts to have completed the breath test training conducted by the state police.

  • Certified Field Sobriety Test Administers

    Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.

  • Former Assistant District Attorney

    We understand OUI cases from both sides of the fence and know exactly how to defend our clients.

  • Unique Certification & Expertise

    Attorney Joseph Bernard is the only lawyer in Massachusetts to be certified by the international acclaimed Borkenstein drug and alcohol courses.

Meet The Law Offices of Joseph D. Bernard P.C.

The Pinnacle of Drunk Driving Defense
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