Second Offense OUI / DUI Defense

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From his Fitchburg office, attorney Matthew Gilman represents clients all over the state of Massachusetts. Fill out the form on this page or call the office today to connect with him and set up a free consultation. Matthew will discuss your case in the office or even in your own home and determine the best way forward for your unique situation.

If you have been arrested and charged with a Second Offense OUI, it’s critical to have an Attorney who understands both the courtroom and the Registry of Motor Vehicles to avoid jail time and limit and possible license suspension.

Second Offense OUI/DUI Defense

If you have been arrested and charged with OUI and you have one prior conviction of alcohol program assignment you need an aggressive OUI/License Suspension Attorney on your side.

We understand that behind the criminal charge is a person. A person who has a family, a job and responsibilities. We understand that you are relying on us to help guide you through this challenging time. Gilman Law, P.C. specializes in DUI and OUI defense and license suspension law. Our experience can ensure you have the strongest defense and get you your license reinstated as quickly as possible. We understand that not everyone’s situation is the same and each and every client’s case is different. We review the facts and circumstances surrounding your arrest but discuss you goals and needs in coming up with an aggressive defense.

Contact Us Today or call 978-612-6447 to speak with Attorney Gilman and his Team.

Just like in any criminal case your options with the criminal charge of OUI or DUI boils down to just two options: Fight or Plea.

Fighting the Case

Just because you have been charged with OUI or DUI, you are presumed innocent. You have absolutely no burden to prove you are innocent because in our justice system you sit in court presumed to be. The prosecutor or judge may not make you feel like you are innocent, but at the end of the day, it is the Commonwealth’s prosecutors’ job to prove you are guilty beyond a reasonable doubt.

Fighting the charge will take some time and, in many cases, will require multiple pretrial court hearings before you get your trial date. It takes time to make sure your rights are being protected and we have all the information from the Commonwealth and that no stones have been left unturned. All the court dates are designed to make sure you are put in the best position to receive a not guilty verdict on the day of trial.

If your license has been suspended for refusing the breathalyzer test, the only way to get it back prior to the expiration of the three-year suspension is to go to trial, win and get a court order reinstating your license.

Resolve the Case with a Plea – Prior offense occurring more than 10 years ago:

If your prior offense occurred more than 10 years ago, you may be eligible to receive a First Offender’s Disposition:

  • Guilty Finding and Probation
  • Completion of the 16-week Driver Alcohol Education (DAE) Program.
  • Additional, 45-90-day license suspension.
  • Court and Program Costs
  • Be IMMEDIATELY eligible for a hardship license (12 hours a day 7 days a week)
  • You will be required to have an ignition interlock device for the length of your hardship license plus an additional two years when you receive a 24/7 license.

Resolve the Case with a Plea – Prior offense occurring more than 10 years ago:

If your prior offense occurred within the last 10 years, you can expect:

  • Guilty finding with up to 2 years of probation.
  • 14-Day DUIL Inpatient Program.
  • 26 weeks of aftercare programming.
  • 2 year license suspension on top of any prior suspension for refusing the breathalyzer test.
  • Hardship eligibility after one year from the court resolution. Unless, you refused the breathalyzer test. You will not be eligible for hardship license until the 3 year breathalyzer test suspension period concludes.
  • Court and Program Costs.
  • Ignition Interlock Device in any car you lease, own or operate for as long as you are on a hardship license and an additional two your when you obtain a 24/7 license.

Contact Us Today or call 978-612-6447 to speak with Attorney Gilman and his Team.

Get Help Now

From his Lunenburg office, attorney Matthew Gilman represents clients all over the state of Massachusetts. Fill out the form on this page or call the office today to connect with him and set up a free consultation. Matthew will discuss your case in the office or even in your own home and determine the best way forward for your unique situation.