Tag Archives: Avoid Jail With DUI Charge

The Mass. DUI 2nd Offender Alcohol Program

Posted by Attorney Brian E. Simoneau on March 2, 2011 1,458 comments

There appears to be some confusing regarding the program utilized for DUI second offenders in Massachusetts. This program differs from the 16 week out-patient 24D Program which is designed for DUI First Offenders. This post will briefly explain the alcohol treatment program which 2nd offenders must complete. Individuals who are convicted of or plead out to a 2nd offense DUI in Massachusetts are assigned by the courts to a two-week alcohol education program. Operated by the Middlesex Human Service Agency, the DUlL or Driving Under the Influence of Liquor Program is a 14-day residential program for individuals who are referred by their probation officer for intensive alcohol and/or drug education and treatment. Individuals attending the program receive a comprehensive substance abuse evaluation, individual and group counseling, alcohol and drug education, and self-help meetings. The DUIL program is operated out of the Saunders Building at Tewksbury State Hospital, which is located at 50 Apple Hill Dr, Tewksbury, MA 01876. The phone number is (978) 863-0048. Michael Kennedy is the DUIL Proggram Director and you may reach him via e-mail: DUIL@MHSAInc.org.

Upon completion of the DUIL program, a certified alcohol counselor will issue a certificate of completion and generate a Discharge Summary &. Aftercare Plan. This document will include a risk of recidivism. Everyone initially receives a “high” recidivism classification. However, the Discharge Summary &. Aftercare Plan will contain treatment recommendations, such as the completion of a 26 week out-patient program. At the conclusion of the recommended aftercare, another Discharge Summary is completed. This document is often considered for the purposes of deciding whether or not to grant a hardship or work license. A low risk of recidivism will increase the chances of obtaining a DUI hardship license. For more information, visit the Massachusetts DUIL Program website.

The Risk of Jail in Mass. DUI Cases

Posted by Attorney Brian E. Simoneau on January 1, 2011 672 comments

Many people believe that Massachusetts DUI laws are too lenient and that DUI offenders get off easy. However, in cases involving repeat offenses, there is a real possibility of being held on bail or serving jail time. In most cases, after performing field sobriety tests, first offenders are arrested at the scene of the drunk driving stop or accident and transported to the police station for booking and an opportunity to submit a to a breathalyzer. So long as there are not outstanding warrants, first offenders are usually released from the state police barracks or police station on personal recognizance. This means that the DUI first offender promises to appear in court for arraignment on the date and time listed on the recognizance form. He or she must pay a fee of $40.00 to the bail commissioner.

First offenders with otherwise clean criminal records generally do not face jail time or incarceration for a 1st offense DUI conviction. However, they are subjected to license suspensions, supervised probation, fees, fines, and completion of a mandatory alcohol program which is comprised of group sessions, attending a victim impact meeting, and a “Brains at Risk” class.

Melanie’s Law calls for a minimum mandatory 60 days up to 2 ½ years of imprisonment in a house of correction for those convicted of a DUI 2nd offense. However, a good DUI lawyer may be able to convince the judge presiding over the drunk driving case to impose an alternative sentence consisting of 2 years supervised probation, and completion of a 14 day in-patient locked residential alcohol treatment program, known as the Mass. DUIL program, as well as 26 weeks of aftercare. In addition to paying substantial monetary fines, fees, and being placed on probation. DUI second offenders will have their licenses revoked for 2 years for being convicted of DUI and for an additional 3 years if they refused to submit to a breath test.

In Massachusetts, a DUI 3rd offense conviction is a felony calling for a minimum mandatory jail sentence of 6 months up to 5 years in state prison. A conviction also calls for fines of at least $1,000 up to $15,000. A 3rd offense will result in an 8 year loss of license and refusing the breathalyzer will result in a 5 year additional license revocation.

A 4th offense DUI conviction carries a minimum mandatory sentence of at least 2 years jail up to 5 years in state prison with fines up to $25,000.00 and a 10 year automatic license revocation. A 4th offense breathalyzer refusal will trigger a lifetime license revocation.

In cases involving those with multiple DUI offenses, pursuant to G.L. c. 276, § 58A, some prosecutors are attempting to convince judges to hold the DUI defendants without bail, on the grounds that the person arrested is a danger to public safety. Massachusetts DUI lawyers should, therefore, be prepared to address this issue by presenting alternatives to incarceration and showing how there are less intrusive measures which would protect the public.

When counting prior offenses, Melanie’s law allows for a lifetime lookback and offenses committed in any jurisdiction count. The lookback for prior convictions is not limited to particular time frame or state. Previously, in Massachusetts, there was a 6 year DUI lookback period. This was replaced by a 10 year lookback and, with the implementation of Melanie’s Law on October 28, 2005, the DUI conviction lookback period was increased to lifetime, so that offense in 1960s and 1970s count for both license suspensions and DUI jail sentences.