4th Offense DUI Attorney in Massachusetts
In Massachusetts, an OUI 4th offense conviction carries a sentence of at least 2 years of incarceration with a maximum potential sentence of up to 5 years in state prison, plus a monetary fine ranging from $1,500.00 up to $25,000. The case cannot be continued without a finding and the prison sentence cannot be suspended until at least 1 year of supervised probation has been served. An alcohol assessment conducted by a Department of Public Health (DPH) assessor is mandatory.
If convicted of a DUI with 3 prior offenses, the Registry will revoke your driver’s license for 10 years. You can be considered for a hardship license by appearing before the Board of Appeal of the Division of Insurance. You are generally required to serve ½ of the revocation prior to being considered for a hardship driver’s license. Most 4th offenders have to go before the Board of Appeal, instead of the Registry, to be granted a Cinderella license.
Pursuant to G.L. c. 90 § 24 ½, you will be required to use an ignition interlock device for the entire term of any Cinderella license and for a minimum of 24 months after getting a full-time license. There are absolutely no exceptions to this requirement.
If you have been convicted of Operating Under the Influence in Massachusetts and you have 3 prior convictions, alcohol program assignments, or any combination thereof, MassDOT will treat you as a 4th offender for license revocation purposes and an automatic 10-year revocation will be imposed. This 10-year license loss will be imposed regardless how the court treated your case for criminal sentencing purposes. This means that even if the court treated you as a second or third offender, the Registry is required by law to treat you as a 4th offender. The calculation of the length of your license revocation is determined solely by your driving record and out-of-state DUI and DWAI convictions count towards Massachusetts revocations.