Skip to main content

I am a nurse in Massachusetts I just got arrested for a 3rd oui offense. My prior offenses were 27 years and 19 years ago.

Mashpee, MA |

I did not take the breathalyzer. I did take one at the site and it was a 0.8.

Attorney Answers 8

  1. Although your offenses were 27 and 19 years ago, Massachusetts has a "lifetime lookback" law. Most District Attorney's offices are reluctant to try to hold you to that, however, in the event that you are convicted of an OUI now. There are several reasons for this, not the least of which is that the records are difficult to locate, and it takes certified copies of the records to sentence you to a 3rd offense.

    The fact that you did not take a breathalyzer test is good for you, although it also resulted in a 180-day suspension. However, there are many ways to get that shortened--if you can hasten the case to trial within the 180 days, and beat the charge, then you have the presumption that your license should be restored.

    Without seeing the facts of the case--the field sobriety test results, the booking video (if this was State Police, there won't be one, so it will be your word against theirs), and witness statements, it is difficult to predict with accuracy, but this is a very fightable case. For instance, if there was an accident, it looks worse. Get a lawyer on it as soon as possible and you may very well prevail.

    Good Luck!

    Providing users with information is not intended to create an attorney/client relationship. However, if in reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.

  2. "I did not take the breathalyzer. I did take one at the site and it was a 0.8."

    Well; which is it - you didn't take a breathalyzer, or you blew a .08?

    That is the minimum statutory reading for an OUI and the reading, as you apparently DID take a breathalyzer test, can be challenged in court.

    You need an attorney. If you are indigent (unlikely), one will be appointed; if not, you need to retain your own. Do not waste time. Contact the MA and your county bar associations for referrals.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

  3. I am not sure what your question is, however it sounds like you refused the breathalyzer at the station but took the portable one. Those results are not admissible.
    Hire am attorney who has trial experience with OUI cases. This one looks like a trial. There is a small chance to negotiate a favorable disposition, however that depends on many factors.

    Hope this helps and best of luck,

    Ilir Kavaja, Esq.
    (617) 515-5545

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

  4. What is your question

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

  5. Sorry you are going through this. A third offense, regardless of how long ago the previous two were, has serious consequences. I don't like to disagree with my colleagues, but my understanding is that you are now facing a lifetime suspension of your driving privileges in Massachusetts, not merely 180 days. I would suggest speaking with an experienced attorney as soon as possible. There may be ways to successfully appeal the suspension and preserve your driving privileges, but there are time limits to begin the process - i.e. only 15 days. That suspension is administrative and separate from any court imposed suspension. Please contact an experienced attorney as soon as possible. And good luck!

  6. Based on the limited information you have provided (and do not provide any more in this, or any other public forum), it sounds like you have some possible defenses to make if this case were to go to trial. Keep in mind, as well, that it is possible to come to a resolution in this case well before it ever gets to a trial. The bottom line is this: you need to consult a criminal defense attorney immediately, and begin to work with your attorney to fully review the details of your case, and develop a strategy based on the possible outcomes. It is hard to say, at this stage, what impact (if any) this charge will have on your employment - that is something to consider with you attorney as you discuss this case and as it moves forward.

    Best of luck, and please remember to always be safe.

    Attorney Dylan Hayre is a criminal defense, family law, and general litigation attorney who works primarily in Middlesex, Norfolk, Suffolk, and Worcester Counties. Attorney Hayre's law practice, A Lawyer for Soldiers, focuses on representing veterans and military families. Attorney Hayre also represents civilian clients, and handles all matters on an affordable, flat fee basis with payment plans available. To schedule a free, no obligation consultation visit, call (508) 687-2146, or email Attorney Hayre at

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

  7. A third offense OUI is serious business. Based on what you have posted (and do not post any additional details, because they can be used against you in court) you do have a case that can be fought. Engage an attorney quickly. I have added links below for additional information on the penalties involved in your case.

    David Newton, Esq.

    This is not intended as legal advice and does not create an attorney-client relationship.

  8. With respect to your license: it is currently suspended for 5 years as a result of your refusal of the Breath Test on a charged 3rd Offense. As Attorney Dunn mentioned, you can appeal this suspension within 15 days of your arrest. If convicted on the charge, however (even if only on a first offense--- given the age of your priors), the Registry will still treat it as a 3rd offense and suspend your license for an additional 8 years. You would be eligible for a 12 hour work-related hardship license 2 years into the 8 year suspension. Simply put, if you are convicted, you will not be eligible to obtain a license of any kind until 7 years from when you were arrested, as refusal suspensions and dispositional suspensions run consecutive to each other.

    With respect to the criminal penalties: a 3rd offense conviction comes with a minimum mandatory jail sentence of 150 days.

    Needless to say, the possible ramifications of this charge are far-reaching. You do have options that could possibly result in a reduction of the charge and/or license suspension, which is why it is imperative that you consult with an OUI Attorney as soon as possible.

    Best of Luck.

    Joe Higgins

    Joseph J. Higgins, III
    Law Office of James M. Milligan, Jr.
    306 Washington Street
    Norwell, MA 02061
    (508) 930-4273

    ***DUI, DWI, OUI and any other information in this response should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship.

Military law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics