The penalties and ramifications of being convicted of a Sudbury MA second offense drunk driving charge are more serious than the consequences of a 1st offense DUI conviction. In most Mass. 2nd offense DUI cases, an admission to sufficient facts, followed by an alcohol program assignment, continuance without a finding (CWOF) and eventually a dismissal is not possible. Instead, the only plea which judges customarily accept on a 2nd offense OUI is a “guilty” plea. 

Convictions for Sudbury Mass second offense OUI include all of the costs and expenses associated with a 1st offense OUI conviction and more. The license reinstatement fee is higher as well as the fine. A 2nd offense DUI conviction will cost approximately $4,000.00 in fines, fees, and costs. Second offenders can expect to be placed on supervised probation for 2 years.  

Melanie's Law Makes Ignition Interlock Mandatory for 2nd Offenders

Also, Melanie’s Law requires that anyone with a 2nd offense DUI conviction will be required to use an ignition interlock device during the entire length of any hardship license and for 2 years after getting a full license reinstatement. There are no exceptions to this rule. 

14 Day Second Offender In-Patient Alcohol Program

Sudbury MA DUI 2nd offenders will be generally be required to attend a 14 day in-patient alcohol program, and 26 weeks of aftercare, instead of the 16-week G.L. c. 90 § 24D outpatient program which is available to first offenders. A second offense DUI carries possible jail time. Although being send to jail for a 2nd offense OUI is relatively rare, it is not unheard of.  

DUI Second Offense License Suspensions

Those convicted of DUI 2nd offense will have their licenses suspended for 2 years for the DUI conviction. Individuals who refuse the breathalyzer with one prior DUI on their records will first have to serve a 3 year breathalyzer refusal suspension. This will be followed by the 2 year drunk driving suspension. Contact Attorney Brian E. Simoneau if you need help appealing or fighting these Sudbury MA second DUI suspensions. 

"Second Chance First Offender"

If the conviction date of your prior OUI was 10 or more years prior to the commission date of your 2nd OUI, you may qualify for treatment as “second change first offender.” Under this program, the court may treat your 2nd offense DUI as a 1st offense. Contact DUI Attorney Brian Simoneau for more information regarding this possibility and whether it might apply to your situation. 

To Fight your Second Offense or Plead Guilty

It generally makes sense not to plead out to 2nd offense operating under the influence charges. Instead, those facing a 2nd offense drunk driving case should speak with a Massachusetts DUI lawyer regarding taking the case to trial and requiring the prosecution to prove each and every element of the charge, beyond a reasonable doubt. Pleading guilty may have long-term consequences and once a plea is accepted, it is generally considered final and irrevocable. A second offense DUI conviction may have employment consequences and it will render you statutorily disqualified from holding a Massachusetts License to Carry Firearms (LTC).