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Repeat and Felony DUI

Lowell Repeat and Felony DUI Attorney

Repeat and Felony DUI / OUI - What to Expect

Our office has successfully defended people arrested on repeat and felony DUI / OUI charges. Our knowledge of DUI laws, proper police protocols, and forensic issues associated with chemical tests enables our attorneys to identify cases where evidence should be suppressed and charges dismissed. Even so, an arrest on repeat or felony OUI is a serious matter. Massachusetts now has a lifetime "look back" on repeat and felony DUI convictions. This means that if you've ever been convicted for a DUI in the past, no matter if it was in another state or long ago, you'll be considered a repeat DUI offender. The penalties for repeat and felony DUI are more severe, more expense, and carry a longer driver's license suspension. Additionally, if the court agrees to grant you a hardship license, the waiting period between your license suspension and when you can start driving on it increases substantially. At the Oberhauser Law Offices, we defend people facing charges on a second or felony DUI arrest. Our experience in working with prosecutors and judges in DUI matters over the years means our office understands the processes involved and how to best position your case.

If you've been convicted for drunk driving any time in the past and have been arrested on charges of DUI again, contact repeat and felony DUI defense attorney Greg Oberhauser today. We can explain the process involved and your options during a free initial consultation.

Massachusetts Penalties for Repeat and Felony DUI / OUI

If your license was suspended at the time of your OUI / DUI arrest, you face a mandatory 60 days in the house of corrections. However, you may not have been aware at the time that your license was suspended, especially if it was automatically suspended for failing to pay parking tickets, renew your license plates, or appear in court. Here, however, if your license was suspended and you failed to reinstate it, your license was suspended for other reasons that a DUI / OUI conviction. We have been successful in winning cases involving an operating after suspension (OAS) charge involving OUI / DUI arrest.

While each case is different, the following penalties apply in cases involving a second or felony DUI conviction:

  • 2nd DUI: Fines between $600 and $10,000; driver license suspension up to 2 years with eligibility for hardship license within 12 to 18 months; a jail sentence between 60 days (30 days mandatory) and 2 1/2 years; installation of an ignition interlock device for 2 years; in-patient alcohol treatment program; 2 years probation.

If your first DUI conviction is more than 10 years old, you may be eligible for alternative disposition.

  • 3rd DUI (Felony): fines between $1,000 and $15,000; license suspension up to 8 years with eligibility for hardship license after 2 years; a prison sentence between 180 days (150 mandatory) and 5 years. No alternative disposition is available. The state will likely seize and sell your car.
  • 4th DUI (Felony): fines between $1,500 and $25,000; driver's license suspension up to 10 years with eligibility for hardship license within 5 to 8 years; a prison sentence between 2 and 5 years with a minimum mandatory of 1 year.
  • 5th DUI (Felony): fines between $2,000 and $50,000; driver's license suspended for life with no eligibility for a hardship license; a 2 1/2 to 5 year jail prison sentence with a mandatory 2 year sentence.

Depending on the specifics of your case, the penalties involved could be more severe if a minor was in your car of if you were involved in an accident with injuries or fatalities.

Understanding Your Options - Facing a Repeat or Felony DUI Charge

There are number of issues that must be taken into consideration if you're facing a repeat or felony DUI charge. Even if there is no question of the accuracy of the breathalyzer, blood, or urine test in your case, it may be possible to reduce the charges or sentence against you. As your attorney, Mr. Oberhauser can evaluate your case, explain the options available, and take steps to reduce the likelihood that you will encounter additional legal problems.

To schedule a free, confidential consultation, contact Lowell, Massachusetts DUI defense attorney Greg Oberhauser today.