Massachusetts Second Offense OUI Penalties & Options

Plea Guilty v. Alternative Disposition

Penalties Imposed If You Plea Guilty2nd Offense DWI
Jail60 days – 2 1/2 years (30 days must be served)
Fine$600 to $10000
Additional FeesHead Injury: $250 / Victim Fee: $50
License Suspension2 yr
Hardship LicenseEligible after 1 yr
Alternative Disposition Penalties2nd Offense DWI (Only Outside 10 yrs)
JailNone
FeesHead Injury: $250 / Victim Fee: $50
License Suspension45 – 90 days / Under 21 drivers lose license for 210 days
Hardship LicenseEligible 3 days after entry of CWOF
Driver Alcohol Education ProgramRequired

Benefits of an alternative disposition:

1.  Continuance Without a Finding (CWOF):  It’s not technically a conviction, so if asked by a someone if you’ve ever been convicted, then you can honestly say “no.”

2.  Penalties are less harsh

Cons of an alternative disposition:

1.  It can possibly show up on some background checks.

2.  If you’re ever charged with another OUI, it will be counted against you as a prior OUI conviction.

3.  Registry of Motor Vehicles (RMV) counts a CWOF as an OUI conviction for suspension purposes.

Call for a Free Consultation.  603-836-6715