One of the most common questions I face as a Boston OUI lawyer is what are the penalties if I am convicted of drunk driving. Below I have listed the penalties for each offense level, potential jail time and license loss and have discussed my thoughts regarding defense strategies and advice based on the level of offense. For many given the severe license consequences that accompany a DUI conviction, taking the matter to trial is the best option for many.

• 1st Offense: carries a maximum jail sentence of 2.5 years and a maximum license loss of one year. In most cases, even after trial, a defendant will receive one year of probation with the requirement of completing the 24D Alcohol Education Program and a 45 day loss of license. There is generally little downside to proceeding with trial on a first offense. For that reason, a First Offense OUI trial is the most common type of trial in the district court and occurs routinely in courts throughout Massachusetts.
• 2nd Offense: Also carries with it a maximum penalty of 2.5 years in the house of correction. The major issue with a second offense OUI is that there is a second year loss of license, plus the requirement that you install the ignition interlock device in your vehicle prior to reinstatement of your license.
• Potential jail time on a second offense: While any DUI charge has the risk of jail time, a second offense does carry an enhanced risk of jail time. Many judges will not impose jail time, but will order probation with the requirement that the individual complete the 14 day in-patient program. Whether jail time is likely on a second offense depends on a number of factors, the judge, the facts of the individual case and the length of time between offenses and the overall criminal record of the individual.
• Third Offense: A third offense involves mandatory jail time of at least 180 days with 150 days to serve prior to parole eligibility. The maximum sentence is 2.5 years in the house of correction and the offense is a felony offense, requiring the motorist to take a DNA test upon conviction. There is the possibility that a third offense could be brought to superior court, though that typically happens with four offenses of greater.
• The license loss for a third offense is eight years. If a motorist was to resolve a third offense, there is a possibility that a district attorney may reduce the defense level to a second offense so that there is no mandatory jail time.

Reduction of drunk driving charges is becoming more difficult given the high level of publicity that the charge generates in the media. Given the serious consequences that occur even on a plea on a third offense, many individuals must proceed to trial to avoid jail time and the extremely harsh license loss that accompanies a third offense.

• It is important to hire an experienced Boston DUI attorney at the arraignment on a third offense, to argue against the setting of bail. When charged with a third offense, even if you appear voluntary in court, it is possible that you will be brought into lockup for a question of bail. This varies based on the individual judge, but it is an important reason to hire a Boston DUI lawyer to appear at the arraignment with you.
• 4th Offense: carries with it a potential jail sentence of 2.5 years in district court and 5 years if brought to superior court. There is a minimum jail sentence of one year to serve on a four offense and it is likely a judge would impose the maximum sentence of 2.5 years if the case remains in the district court.
• Defending Fourth Offense Boston OUI charges: Attorney DelSignore obtained a not guilty verdict on a Fourth Offense. The client submitted to a breathalyzer test with a reading of .14, failed field sobriety tests and admitted to taking medication. After a jury trial, the defendant was found not guilty, avoiding any jail time.

  Regardless of the offense level of your Boston OUI charge, you should call Attorney DelSignore at (617) 694-6287 to answer your concerns, address your questions and ease your concerns regarding the court process.