Legal Question in DUI Law in Massachusetts
what is the penalty for conviction of a first time dui? some sites imply their are mandatory penalties by saying you will face:2 1/2 years in prison, $500+ in fines, and a 1 year license suspension. other sites say you get the same penalty as a cwof. other sites have variations on this. i am trying to decide if i want to go to trial so i like to know what i'm facing if i lose.
2 Answers from Attorneys
The short answer is, all of the above is correct! A charge of OUI/DUI carries UP TO 2.5 years in jail. However it is extremely rare a person charged with their first offense would face jail time. The fines and license loss is correct (only license loss is usually 45 days).
A typical disposition is a CWOF (continuation without a finding of guilt) and 1 year probation, fines/fees a short program and license loss.
If you go to trial and loose you will receive the exact same period of probation and fines/fees license loss. The difference is you'd have a guilty conviction, not a CWOF (which is not a conviction but an admission to sufficient facts).
If you are thinking of a trial you should definitely contact a skilled and experience OUI/DUI defense attorney! Long term there are ramifications with a CWOF or Guilty on an OUI charge.
If you have further questions please don't hesitate to contact my firm and mention lawguru!
Go to Mass General Law 90-24-yes you could face up to 2 1/2 years and loss of license (generally 45 days)-I have defended numerous clients in DWI trials and you are better off to take it to trial as you have nothing to lose and the outcome could be in your favor-contact the office for a free discussion of your case to determine if you have a reasonable defense-774-745-0562.
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