Do you know what to do if you’ve been accused of OUI in Massachusetts?
Fail to get the right legal advice and you might struggle to fight back against these serious charges. Don’t let a conviction just happen- make sure you know what to expect both in the administrative and criminal aspects of your case.
If you were recently charged with your second offense of Massachusetts OUI, you may have a disposition of your case, which is referred to as a Cahill Disposition. Understanding your rights and responsibilities begins with hiring the right criminal defense attorney to assist you.
The Cahill Disposition has to do with a 2004 case that determined that the registry of motor vehicles has to honor a court’s decision to treat a second offense OUI charge as a first offense if the second offense occurs more than 10 years from the date of the first conviction.
If the court gives you what is known as a 2,4-D Program, and imposes all the penalties typically associated with a first offense OUI charge, including the loss of license for 45 days, then the Massachusetts Registry of Motor Vehicles has to honor that disposition. You may have been charged with a second offense OUI but have the penalties associated with a first offense.
Under this Cahill decision, you are allowed to get your license back so long as you have an ignition interlock device installed in your vehicle and you will need to keep this installed for up to three years. You are ineligible if you receive the 40-day in-patient requirement as part of the resolution as your case, or if you have more than one previous OUI offense on your record that is more than 10 years old. If you think your case might apply, talk to your lawyer to figure out the next steps.
Knowing the right steps to take and hiring an experienced criminal defense OUI attorney as soon as possible after you have been charged can decrease the chances of facing significant consequences including the higher stakes that are often associated with second offense allegations.