DUI Attorney Joseph J Higgins Blog

Clients sometimes ask about the possibility of having their DUI charges reduced to Reckless Operation or another lesser charge. While it’s rare for Massachusetts DUI charges to be reduced, it isn’t completely unheard of. It all depends on the facts of your case.

In Massachusetts, a third DUI charge is considered a felony. The stakes are high, so seek the help of an experienced DUI attorney as soon as possible.

A plea bargain or plea deal is when a prosecutor makes a compromise with a defendant. They are common in most DUI cases, but it isn’t always in your interest to plea bargain with multiple DUI offenses. Your lawyer will advise you to accept or reject a plea deal.

Are multiple DUIs a felony? First and Second Offense DUI are misdemeanors in Massachusetts. Third Offense DUI is a felony charge. Misdemeanors are typically punished with probation, fees, and community service, but every DUI offense comes with the possibility of jail time.

If you refused a breath test, you will lose your driver’s license for 3 years and an additional 2 years if you are convicted of a second OUI. Speak with an attorney to learn more about protecting your driver’s license and the possibility of obtaining a hardship license.

Because the stakes are so high, it’s usually in your best interest to fight your second OUI charge. You have a right to challenge the government to meet their burden of proof against you. If you do fight this charge, make sure you have an experienced attorney on your side.

In Massachusetts, a second OUI offense is technically punishable by up to 2.5 years of jail time. However, most people facing this charge qualify for an alternative disposition which may include probation or a suspended jail sentence.

Massachusetts has no expungement statute. An underage DUI cannot be wiped clean from your child’s record. You may be able to seal their record, however.

If your child is charged with drunk driving, they’ll face a number of harsh license penalties. But your child’s life is not over. Here’s what to do next.

Those under the age of 21 face harsher license suspension penalties for DUI. Juvenile DUI offenses are typically prosecuted in juvenile court.