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Comprehensive Guide to 2nd Offense DUI in Massachusetts

A second offense DUI in Massachusetts carries severe consequences that can significantly impact your life, including lengthy license suspensions, mandatory alcohol education programs, and costly penalties. Navigating the legal system effectively requires a thorough understanding of your rights, obligations, and potential defenses.

License Suspensions for 2nd Offense DUI

Under Massachusetts General Laws Chapter 90, Section 24, the penalties for a second DUI offense include:

  1. Two-Year License Suspension: A conviction for a second DUI offense results in an automatic two-year suspension.
  2. Three-Year Breath Test Refusal Suspension: If you refuse a breathalyzer test after your second DUI arrest, your license will be suspended for three years. If convicted, this suspension will be followed by a two-year DUI suspension, totaling five years. During the breath test refusal suspension, you are ineligible for a hardship license.
  3. Lifetime CDL Disqualification: A second offense or breath test refusal results in a lifetime disqualification from holding a commercial driver’s license (CDL).

Counting Prior DUI Offenses

The Massachusetts Registry of Motor Vehicles (RMV) counts all prior DUI convictions or alcohol education program assignments, regardless of when or where they occurred. For example, a DUI conviction from decades ago in another state, such as Florida in 1971, will still count toward your record. Even if your court treats the current offense as a first offense under certain circumstances, the RMV will consider all prior offenses for license suspension and ignition interlock purposes.

Penalties and Mandatory Programs for 2nd Offenders

A second DUI conviction includes significant penalties and program requirements:

  1. Probation: Typically, two years of supervised probation.
  2. DUIL Program: Mandatory completion of a 14-day inpatient Driving Under the Influence of Liquor (DUIL) program at Tewksbury State Hospital.
  3. Aftercare: Completion of a 26-week outpatient aftercare program is required for both probation compliance and eligibility for a hardship license.
  4. Jail Time: Sentencing ranges from 60 days to 2½ years in a house of correction, with a minimum mandatory 30-day jail sentence.
  5. Fines and Fees: Fines range from $600 to $10,000, plus assessments, including a $250 Head Injury Assessment and a $50 Victims of Drunk Driving Assessment.

The “Cahill” Disposition: A Reduced Penalty Option

For certain second offenders, Massachusetts law offers the “Cahill” disposition under G.L. c. 90 § 24D. This alternative may apply if your first DUI conviction occurred 10 or more years before the second offense and includes:

  • Reduced License Suspension: 45 to 90 days instead of the standard two years.
  • Modified Program Requirements: Completion of a first-offender alcohol program (16 weeks outpatient) instead of the 14-day inpatient DUIL program.

The Cahill disposition must be approved by the presiding judge and is not guaranteed.

Hardship Licenses: Eligibility and Challenges

Obtaining a hardship license for a second offense DUI is possible but requires meeting strict criteria, including:

  1. Program Completion: Proof of completion of the DUIL and aftercare programs is mandatory.
  2. Risk of Recidivism: The Board of Appeal evaluates the likelihood of relapse when considering hardship licenses. Completing aftercare and obtaining a new alcohol evaluation can reduce this perceived risk.
  3. Discretionary Decisions: Hardship licenses are not guaranteed, and Registry hearing officers may deny applications based on insufficient evidence of hardship, a poor driving record, the seriousness of the offense, or probation violations.

If the RMV denies your hardship license, you can appeal to the Board of Appeal of the Massachusetts Division of Insurance. Success at the Board often hinges on representation by an experienced attorney.

Ignition Interlock Device Requirements

Under Melanie’s Law, all second or subsequent DUI offenders must install a certified breath alcohol ignition interlock device (IID) in any vehicle they own, lease, or operate. Requirements include:

  • During the Hardship License Term: IID use is mandatory for the full duration of a hardship license.
  • For Two Years After Full License Reinstatement: The IID requirement continues for two additional years after reinstatement of full driving privileges.

Costs:

  • Initial IID installation: Approximately $125.
  • Monthly monitoring fees: Around $85.

The IID requirement has no exceptions for Massachusetts residents. Out-of-state residents may reinstate their licenses without an IID in their home state but will be barred from driving in Massachusetts.

Fees and Financial Considerations

Restoring your license after a second DUI conviction involves several fees:

  • Reinstatement Fee: $700.
  • New License Fee: $30.
  • Testing Fees: Additional fees apply if written or road tests are required.

These costs are separate from fines, alcohol education programs, and IID expenses mandated by Melanie’s Law.

Why Hardship Licenses Are Denied

Hardship license applications may be denied for reasons including:

  • Failure to complete the required DUIL and aftercare programs.
  • Lack of sufficient evidence demonstrating hardship.
  • A history of probation violations or evidence of ongoing alcohol consumption.
  • The seriousness of the DUI event or a poor driving record.

Navigating a 2nd Offense DUI with Legal Representation

Facing a second DUI offense in Massachusetts is daunting, but experienced legal representation can help protect your rights and explore all available options, including:

  • Pursuing a Cahill Disposition: If eligible, this can significantly reduce penalties.
  • Applying for a Hardship License: Ensuring compliance with program requirements and effectively presenting your case.
  • Preparing for RMV and Board of Appeal Hearings: Skilled advocacy can make a critical difference in securing favorable outcomes.

To maximize your chances of a successful resolution, contact an experienced Massachusetts DUI attorney today. Call 508-625-5776 or fill out an online form to discuss your case.