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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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3rd DUI Offense Lawyer in Massachusetts

Facing a third offense DUI in Massachusetts comes with significant penalties, including lengthy license suspensions, mandatory alcohol treatment programs, and stringent conditions for hardship license eligibility. Navigating these challenges effectively requires a deep understanding of Massachusetts DUI laws and strong legal representation.

License Suspensions for 3rd Offense DUI

Under Massachusetts General Laws Chapter 90, Section 24(1)(c)(3), a third DUI offense triggers an automatic eight-year license suspension. If the offense involved a breathalyzer or chemical test refusal, the following penalties apply:

  1. Five-Year Chemical Test Refusal (CTR) Suspension: This must be served in full before any other suspensions.
  2. Eight-Year DUI Suspension: Following the CTR suspension, the eight-year suspension for the DUI conviction begins.

The combined result is a total of 13 years without a license. Importantly, individuals cannot apply for a hardship license until the CTR suspension is fully served, although some exceptions for reducing the CTR suspension may be possible with legal intervention.

Hardship License Eligibility for 3rd Offense DUI

Obtaining a hardship license after a third DUI conviction is challenging, with strict requirements set by the Massachusetts Registry of Motor Vehicles (RMV) and the Board of Appeal.

RMV Requirements

  • Completion of a 90-Day Residential Alcohol Treatment Program: Massachusetts law mandates a 90-day inpatient alcohol treatment program approved by the Department of Public Health. However, this program is currently unavailable in Massachusetts, leaving most third offenders to complete the 14-day DUIL program, typically intended for second offenders.
  • Documented Sobriety and Rehabilitation: Evidence of significant sobriety, such as letters of support or a history of attending Alcoholics Anonymous (AA) or similar programs, is essential.
  • Low Risk of Recidivism: Applicants must demonstrate a reduced likelihood of relapse, supported by a new alcohol evaluation.

Board of Appeal Process

Due to the RMV’s stringent standards, most third offenders are referred to the Board of Appeal of the Massachusetts Division of Insurance. The Board consists of three members who evaluate the case based on:

  • Public Safety Concerns: The Board prioritizes ensuring that granting a hardship license will not endanger others on the road.
  • Legitimate Need to Drive: Applicants must prove a necessity for driving, such as for work, school, or medical appointments.
  • Sobriety Evidence: A documented period of sobriety and commitment to rehabilitation is critical.

Appearing before the Board is an adversarial process, often involving an RMV attorney arguing against granting a license. Representation by an experienced attorney who can present a well-prepared case is highly recommended.

Penalties and Additional Requirements for 3rd Offense DUI

A third DUI conviction in Massachusetts comes with severe penalties, including:

  1. Mandatory Jail Time: A minimum of 150 days and up to 5 years in state prison.
  2. Fines: Ranging from $1,000 to $15,000, plus additional court fees and assessments.
  3. Ignition Interlock Device (IID): Under Melanie’s Law, all third offenders are required to install an IID on any vehicle they own, lease, or operate. This requirement applies:
    • During the Full Term of a Hardship License
    • For Two Years After Full License Reinstatement

    IID costs include approximately $125 for installation and $85 per month for monitoring.

Challenges in Obtaining a Hardship License

Hardship license applications for third DUI offenses face heightened scrutiny due to the serious nature of the offense. Common reasons for denial include:

  1. Insufficient Documentation: Failure to provide proof of program completion, letters of support, or evidence of sobriety.
  2. Public Safety Concerns: The Board of Appeal and RMV may deny applications if there is any indication of continued alcohol use or a high risk of relapse.
  3. Incomplete Programs: Without completing the required alcohol treatment programs, the RMV will not consider an application.

Even with the proper documentation, hardship licensing is discretionary, meaning there is no guarantee of approval. The RMV and Board of Appeal evaluate each case individually, weighing the applicant’s driving history, need, and potential risk.

The Importance of Legal Representation

Given the complexity and adversarial nature of the hardship license process, having experienced legal representation can make a significant difference. A skilled attorney can:

  1. Prepare a Comprehensive Hearing Memorandum: Addressing concerns about recidivism, public safety, and legitimate need to drive.
  2. Compile Evidence: Including proof of sobriety, letters of support, and a documented need for driving privileges.
  3. Present a Persuasive Case: Advocating effectively before the Board of Appeal to maximize the likelihood of success.

Self-representation often results in denial, leaving applicants to serve the full suspension term.

Costs and Financial Considerations

Restoring driving privileges after a third DUI comes with significant costs, including:

  • RMV Reinstatement Fee: $1,200.
  • New License Fee: $30.
  • IID Costs: $125 for installation and $85 per month for monitoring.
  • Alcohol Treatment Program Fees: Vary based on the program.

These costs are in addition to fines, court fees, and legal expenses.

Securing Your Future After a 3rd DUI Conviction

Facing a third DUI conviction in Massachusetts is daunting, but it is possible to regain limited driving privileges with the right approach. Success depends on thorough preparation, a strong legal strategy, and a commitment to rehabilitation.

If you are dealing with the prospect of a lengthy license suspension, contact the Law Office of Brian Simoneau, P.C. for professional guidance. Our experienced attorneys will help you navigate the RMV and Board of Appeal processes, ensuring that your case is presented effectively.

Call 508-625-5776 or reach out online today to discuss your options and begin building your case.