Your Shield Against Criminal Prosecution

Lefteris K. Travayiakis

Avoid Drunk Driving Penalties With A Seasoned Boston Attorney

People who face drunk driving or operating under the influence (OUI) charges in Massachusetts do not usually have extensive criminal records. In many cases, they are often respected members of the community who made a mistake or were stopped under suspicion by an over-zealous police officer. 

The founder of the Law Offices of Lefteris K. Travayiakis, P.C., understands how high the stakes are for your future and reputation, and he stands ready to provide aggressive advocacy. Since establishing the firm in 2004, attorney Travayiakis has dedicated his practice to defending clients from criminal charges. If you are facing drunk driving accusations, he will protect your rights and challenge the prosecution’s case, from the initial investigation to trial.

What Are The Penalties For Repeat OUI Offenses In Massachusetts?

Massachusetts OUI penalties are outlined in Massachusetts General Laws Chapter 94, § 24 and Chapter 94, § 24D. The specific consequences an individual may face depend on several factors, including whether they are charged as a first-time or repeat offender. It can also depend on the particular circumstances alleged in the complaint or indictment.

Here is a general summary of OUI penalties in Massachusetts based on the number of prior offenses:

First OUI Offense

If convicted of a first OUI offense in Massachusetts, individuals may face:

  • Up to two and a half years in jail
  • Financial penalties ranging from $500 to $5,000
  • A one-year suspension of your Massachusetts driver’s license

For eligible first-time OUI offenders, they may choose to go with an alternative disposition: a “Continuance Without a Finding,” which is similar to a “no contest” plea. The court typically orders probation, mandatory enrollment in a drug-alcohol education program and payments of fines and fees starting at $1,000. The driver’s license will still be suspended for approximately 45 to 90 days, which is separate from any additional license loss for refusing a breathalyzer test.

Second OUI Offense

If the defendant had one previous OUI conviction, they may face:

  • Imprisonment for not less than 60 days, but not more than two and a half years
  • Driver’s license suspension for two years, and a mandatory installation of an ignition interlock device (IID) in their vehicle after their license is reinstated

They may also take advantage of an alternative disposition. Similar to first-time offenders, they will be placed on probation and required to complete an in-patient alcohol-treatment program. However, a second-time offender’s license suspension will last for two years, and an IID must still be installed in their vehicle after their license is reinstated. 

Subsequent OUI Offenses

A third or subsequent OUI conviction is classified as a felony, and it can carry potential consequences such as:

  • Imprisonment for no more than five years, but at least 180 days of jail time for the third offense, two years for the fourth, and two and a half years for the fifth
  • Fines of at least $1,000 for the third and fourth offense (with a cap of $15,000 and $25,000, respectively), and $2,000 to $50,000 for the fifth offense
  • A license suspension of eight years for the third offense and 10 years for the fourth; the fifth offense will result in a lifetime license revocation without even the possibility of a hardship license
  • For the fourth or fifth offense, the defendant’s vehicle registration places will be cancelled for the duration of the license suspension, and the vehicle may be subject to forfeiture by the District Attorney’s Office

Take note that the state follows a “lifetime lookback” period. This means that the court will consider all prior OUI offenses, regardless of how old they are or where they occurred (even out-of-state), when determining penalties for a new charge. 

How Does An OUI Conviction Affect Your Criminal Record And Insurance Rates?

Beyond immediate fines and license loss, an OUI conviction can create significant, long-lasting problems in various aspects of your life. The conviction typically stays on your record. If it is your third offense, it becomes a felony.

Having a felony charge on your record can stop you from owning a firearm and limit job opportunities, especially in fields like transportation, healthcare or education that run background checks. It may also affect professional licenses.

Insurance companies may also see you as a high-risk driver. This often causes your car insurance costs to jump to double or triple its usual amount. This can make finding affordable insurance difficult.

Can Legal Representation Help Reduce Or Avoid OUI Penalties?

Yes, having skilled legal representation can make a significant difference in your case. An experienced OUI lawyer can:

  • Investigate whether police had a proper reason (probable cause) to pull you over, as an unlawful stop can lead to the suppression of evidence
  • Dispute the results of potentially impaired or improperly administered field sobriety tests
  • Question the accuracy of breathalyzer and blood tests

Attorney Travayiakis diligently reviews every OUI case. He understands that an aggressive, strategic defense, starting from the pre-trial stage, can result in evidence being excluded, charges reduced or even dismissal. 

Moreover, Mr. Travayiakis can negotiate with prosecutors to secure a more favorable outcome, such as a plea to a lesser offense or an alternative disposition. He has extensive experience defending against drunk driving charges, including OUI alcohol or drugs, leaving the scene of an accident, and reckless or negligent driving. He has achieved OUI acquittals or “not guilty” verdicts in courts across the commonwealth of Massachusetts, including Boston, Somerville, Malden, Chelsea, West Roxbury, Quincy, Dorchester, Dedham, Brookline and Newton. Each drunk driving case is defended aggressively to minimize negative impacts on a client’s life and reputation.

Your Defense Starts Here: Reach Out To The Firm Today

If you have been arrested and charged with a drunk driving crime in West Roxbury or anywhere in Massachusetts, you need an attorney who will fight hard for your rights and freedom. Do not face these serious charges alone. Contact the Law Offices of Lefteris K. Travayiakis today for a free consultation. Call 617-657-2333 or fill out the online contact form to schedule your free consultation.