2nd offense, mass

[Stupidgirl07]

Mass, stopped last night for leaving my lane. !st offense was 2 years ago, did the probation and paid all fines. Took field test and breath alyzer on scene but failed both. Arrested and in station i did 2 more breath tests and because of crying I couldnt blow, i tried but said it didnt register and put it down as refusal. Will I go to jail? How often do they let you do that 2 week hospital stay instead of jail? Think I have a chance to avoid time

[rodr223]

You can go to [url=http://www.madrunkdrivingdefense.com]Massachusetts Drunk Driving Lawyer - MA DUI OUI DWI Defense Attorney - law[/url] a pretty infomitive site.You will find the penalties there.From what I see you will not get any jail timeuntil third offense.
Hope this helps

[ReformedMan]

The site you posted states that jail time is possible for the first offence. It is also definitely possible for the second offence, and mandatory for the third. You need to retain a very, VERY good attorney immediately. A 2nd DUI coupled with a refusal is a very serious charge, and you shouldn't try to weather it alone.

[Stupidgirl07]

Does anyone know if you get the chance to not go to jail but to do 2 weeks in hospital instead, how long do they give you to get the two weeks done? Do you have to go immediately or do they give you time to find a place and make arrangements to go in? This is in mass on 2nd offense.

[ReformedMan]

What did your lawyer say when you asked them this question?

[JUICYcouture]

Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years
Fine: $600-$10,000
License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won't be eligible for a hardship or full license restoration for at least 3 years total.)
As of January 1, 2006 - Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement.

Minimum: 14 day inpatient hospital treatment program and a 2 year license loss. The fines and costs are highly variable, and a common sentence would be two years of probation, with counseling, possibly both before and after the hospital stay.

The minimum is exactly what I was charged with, after paying my lawyer $3k, the minimum was inevitable even though I was thinking it would be less considering my first offense was when I was a minor, 6 years ago. I do believe though; a court appointed lawyer would have done the same, but of course I wasn't elligible. I must tell you though, do NOT be scared! Jail time is not possible in your case; as I hit a gas station, admitted I was drunk and don't remember half of the night then waking up in the hospital; your case doesn't seem half as bad! It's unfortunate how some of us get caught, I am by no means an alcoholic; bad place, bad time, and the wrong people I was with. Just do NOT get a 3rd offense, jail time is MANDATORY! I have yet to hear of anyone avoiding that.
I am attending the 14 day program November 9th @ Tewksbury Hospital which is I believe where everyone from MA attends. I was convicted back on August 18th, while my accident occured late June. So you might have some time to choose when you would like to go (meaning a few months or maybe even just weeks), depending on what court it is and probation officer you get. The sooner the better either way! How long is your probation for? Mine is for two years, while I am also attending 21 outpatient groups as well, this needs to be completed in my 2 years of probation. Unfortunately the RMV has total control on license loss, I was told I could get my hardship license in 6 months from the judge, but the RMV is telling me 2 years indefinite, we'll see I guess. I'm in the same boat as you, so if you need someone to talk to or have any questions feel free to e-mail me. Good luck with everything girl, hang in there!