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Attorney Brian Simoneau is a great lawyer. He is very versed on the current laws and he will help you convey a well organized winning case. I would highly recommend him.
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2nd Offense DUI Lawyer in Massachusetts

Navigating the Complexities of License Suspensions and Hardship Relief

A second offense DUI in Massachusetts carries severe penalties, including an automatic two-year license suspension. However, the legal landscape is complex, and understanding your options is crucial. With the right legal guidance, it may be possible to mitigate some of these harsh consequences, whether through a hardship license or alternative dispositions like the “Cahill” option.

If you have been charged with a second offense DUI in Massachusetts and are facing a license suspension, call the Law Office of Brian Simoneau, P.C. today. Our attorneys can protect your interests and maximize your chances of securing a favorable outcome.

Call 508-625-5776 or reach out to us online today to discuss your legal options.

License Suspensions for 2nd Offense DUI

Under Massachusetts law (G.L. c. 90 § 24[1][c][2]), a conviction for a second DUI offense results in a two-year license suspension. This suspension applies if you have a prior DUI conviction or were assigned to an alcohol or drug education program, either in Massachusetts or another state. Additionally, Massachusetts considers out-of-state offenses, such as “Driving While Ability Impaired” (DWAI), equivalent to a DUI, and they will count towards your record.

If you refuse to take a breathalyzer test after a 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 without a license. During this period, you are ineligible for a hardship license until the three-year suspension from the breath test refusal expires. Moreover, refusal to take the breath test will result in a lifetime disqualification from holding a commercial driver’s license (CDL).

Penalties and Mandatory Programs for 2nd Offenders

Second DUI offenders in Massachusetts typically face supervised probation for two years. A significant condition of this probation is completing a two-week inpatient alcohol program known as the DUIL (Driving Under the Influence of Liquor) program at Tewksbury State Hospital. Following this, you must also complete a 26-week outpatient aftercare program, which is mandatory for both probation compliance and eligibility for a hardship license. Failure to complete these programs can lead to a probation violation, potential jail time, and continued license suspension.

In terms of penalties, a second DUI conviction can result in 60 days to 2½ years in a house of correction, fines ranging from $600 to $10,000, and additional assessments, including a $250 Head Injury Assessment and a $50 Victims of Drunk Driving Assessment. Unlike first offenses, a second DUI conviction cannot be continued without a finding (CWOF) or suspended; you must serve at least 30 days in jail.

The “Cahill” Disposition: A Second Chance for Some

For certain second-time offenders, Massachusetts law offers an alternative disposition under G.L. c. 90 § 24D, known as the “Cahill” disposition. This option is available if your first DUI conviction occurred ten or more years before the second offense. Under this arrangement, your license suspension could be reduced to 45 to 90 days, instead of the standard two years, and you would only need to complete the first-offender alcohol program (16 weeks outpatient) rather than the two-week inpatient DUIL program. However, this disposition requires judicial approval and is not guaranteed.

Hardship Licenses and Ignition Interlock Requirements

Obtaining a hardship license as a second offender involves meeting strict criteria, including completing the mandatory inpatient and aftercare programs. If the Registry of Motor Vehicles (RMV) denies your hardship license, you may appeal to the Board of Appeal of the Massachusetts Division of Insurance. Success at the Board of Appeal often hinges on being represented by an attorney familiar with their procedures, as self-representation frequently results in denial.

Melanie’s Law mandates that second or subsequent DUI offenders use an ignition interlock device (IID) on any vehicle they own, lease, or operate. This requirement applies during the full term of any hardship license and for two years after obtaining a full license reinstatement. The initial cost for installing an IID is approximately $125, with monthly monitoring fees of around $85.

Fees and Additional Considerations

Restoring your license after a second DUI offense comes with significant costs. The RMV charges a $700 reinstatement fee, plus an additional $30 for a new license, and further fees if you need to retake written and road tests. These fees are separate from those associated with the IID, as required by Melanie’s Law and G.L. c. 90 § 24½.

Navigating Your 2nd Offense DUI with Legal Expertise

Facing a second DUI offense in Massachusetts can be overwhelming, but understanding your rights and options is critical. Whether you are seeking a hardship license, exploring a Cahill disposition, or preparing for the mandatory programs, having experienced legal representation can make a significant difference. Contact a Massachusetts DUI attorney to help navigate these complex issues, protect your rights, and work towards the best possible outcome.