As you probably guessed, the penalties for a second offense OUI are worse. Depending on the facts surrounding your case, you and your OUI defense attorney will have to decide whether to fight the charge against you or plea bargain with the prosecution. In either case, a qualified OUI defense attorney can significantly reduce the harsh penalties you'll be facing.
While a second offense OUI in Massachusetts in still considered a misdemeanor, the penalties are more serious than a first offense OUI. If convicted, you must spend a minimum jail time of 30 days, but your actual sentence will range from 60 days to 2 ½ years. The fine you can expect is at least $600 and could reach as high as the $10,000 maximum.
The Registry of Motor Vehicles will suspend your driver's license for 2 years when you are convicted of a second offense OUI. After 6 months, you can apply for a work/school hardship license. You will have to wait 1 year before you can apply for a general hardship license in order to have more driving freedoms. If you violated the state's Implied Consent Law by refusing to submit to a chemical test, you will have to wait 4 years before you can apply for a hardship license.
If you and your attorney do find that a plea bargain is in your best interest, you will likely face the following penalties instead of the penalties listed above. First, you can be placed on probation for 2 years. You can also choose to install an ignition interlock device in your vehicle for 2 years. This machine is installed at your cost in any vehicle you drive.
Another option may be to admit yourself to alcohol treatment in a lock-down facility where you will be obligated to stay for 2 weeks. The cost for treatment comes out of your pocket. If money isn't really a problem, it may be in your best interest to pay thousands of dollars in fines.
Even if you think you can't win your second offense OUI case, please seek with a qualified defense attorney. Remember, the prosecution has many things to prove on their end.