Fourth Offense DUI Penalties in Massachusetts

Defending Clients Charged With Their Fourth DUI

If you were arrested for a Fourth Offense DUI, you must immediately contact an experienced DUI attorney. G.L. c. 276 § 58A allows the prosecutor to ask the judge to hold a person charged with a Fourth Offense DUI without bail for 120 days. Because of this, it is essential to contact an experienced DUI attorney immediately so that they can argue that you should not be held in jail while your case is pending. Often, this will require a complex hearing called a Dangerousness Hearing, which the attorney must prepare for ahead of time.

Attorneys James G. DeGiacomo and Sergey Mikhlin are experienced DUI attorneys available 24/7. Someone will answer the phone no matter what time you call or what day it is. If you or a loved one has been charged with Fourth Offense DUI, contact us now at (617) 941-3666. Don’t wait!

Are you facing a fourth DUI in Massachusetts? Call DeGiacomo & Mikhlin, P.C. today at (617) 941-3666 or contact us online to schedule a meeting with our DUI attorney! 

What are the Penalties for a Fourth DUI Offense in Massachusetts?

The potential penalties you face when accused of a Fourth Offense DUI /OUI/DWI in Massachusetts range from $1,500 to $25,000 fine and a minimum mandatory sentence of 2 years to a maximum of 2 ½ years in the House of Correction OR a term of between 2 ½ to 5 years in state prison. You will NOT be eligible for a Continuation Without a Finding, a Probationary Sentence, or even a Suspended Sentence. You will go to jail if convicted of a Fourth Offense DUI in Massachusetts.

Prior DUI Convictions

You are entitled to two trials when you’re accused of any subsequent DUI offense in Massachusetts. The first trial addresses the underlying elements of the OUI/DUI/DWI, while the second addresses how many prior offenses the Commonwealth can prove.

If you’re accused of a 4th Offense DUI in Massachusetts, one way to decrease your exposure is to undermine your prior offenses. This is accomplished through what is called a RULE 30B MOTION. In such a motion, we would challenge the basis for your prior convictions to prove that justice may not have been done. Maybe you weren’t represented by an attorney. Maybe your prior attorney did not properly advise you of all of your rights or the potential consequences of your plea. There are numerous reasons a prior offense may be vulnerable to a Rule 30B Motion.