ATTORNEY 1: The penalties in Massachusetts on an operating under the influence case take two forms. They take, first, a pre-trial form. If you have failed the breath test, your license will be suspended for 30 days, and then you will be able to pay a reinstatement fee and get your license back.
If you have refused a breath test, your license will be suspended anywhere from six months to life, and that depends on whether or not you have any prior offenses. On a first offense, it's a six-month license loss. On a second offense, it's a three-year license loss. On a third offense, it's a five-year license loss. And on a fourth offense, it's a loss for life.
Subsequent to that, if you admit to it or if you're found guilty, the penalties go up also as a result of what offense we're talking about. If it's a first offense, it's an 18-week alcohol education program, a 45-data loss of license, and probation for a year.
If it's a second offense, in all likelihood it's a 14-day inpatient program. Or if your prior offense was outside of 10 years, it's really the repeat of the first offender program with the exception that you'll have to put an ignition interlock device, which is a breathalyzer in your car, in your car for a period of two years.
Third offense is a felony and carries a mandatory jail sentence.
Fourth offense is also a felony and carries a mandatory jail sentence. In addition to those penalties, your driving history will include all of these offenses, whether it be an operating under the influence one, two, three, or four. They stay on your history for life. So a potential employer looking at your driving history, or at your criminal history, will see even a first offense on the driving history, and in many cases, on your criminal history.
So we recommend you fight each and every case. Given the fact that we have a 90% success rate defending people whether it's the first, second, third, or fourth offense. It is always in your best interest in the short run and the long run to fight this case.