Should I plea bargain if it is my first drunk driving offense?
Are there other consequences to pleading guilty or CWOF to a drunk driving charge?
If you have been arrested for OUI, you should contact an attorney immediately to preserve your rights. Massachusetts has very strict laws regarding drunk driving and if you are charged, it stays on your record permanently. For each subsequent offense, the penalties increase substantially. However, even a first offense can have long-lasting effects. If you take and fail a Breathalyzer test, you lose your license for 90 days, and if you refuse to submit to a test, you face a license suspension of 180 days. If you are convicted of a first offense, you face stiff penalties including potential jail or probation time, fines, and expensive alcohol education classes.
If you are either under 21 or have already been convicted of an OUI and refuse the test, you face losing your license for a whole year. However, if you have an experienced OUI attorney, it is sometimes possible to get a hardship license, which allows you to drive to and from school or work 12 hours a day during your trial. Although your refusal to take a Breathalyzer might result in a longer license suspension, in Massachusetts, the fact that you refused the test cannot be used against you in court.
You do not have to accept a conviction or offer of a plea bargain. An experienced OUI/DUI lawyer can challenge the prosecutor’s evidence and could have the charge reduced or dropped.
Should I plea bargain if it is my first drunk driving offense?
Many people charged with OUI or underage DUI offenses think they can forego hiring an attorney and just make a plea bargain. However, you are still pleading guilty to the crime, and this can have serious and long-lasting consequences in Massachusetts.
In Massachusetts, if you are arrested for your first offense and want to plead guilty, you can usually reach a Continuance Without a Finding (CWOF) plea. A CWOF means that you simply admit that sufficient facts exist that would establish your guilt, but it is not an actual conviction; instead, the judge stops the case for a year, and then it is dismissed. However, it still counts as your first OUI offense and stays on your record forever.
A CWOF plea carries the minimum punishment that Massachusetts law allows: a 16-week alcohol education program, variety of fines, and up to one year unsupervised probation. The fines alone can be very expensive and can reach close to $3,000. The administrative process can also take a long time. Even if you have no criminal history and want to plead to a CWOF, an experienced attorney can help expedite the process so you can return to your normal life as quickly as possible. An experienced OUI lawyer can also examine the facts of your case and advise you of all your options; even if you think plea bargaining would be a good idea, an attorney can help you decide if you would be better off fighting the charges.
Are there other consequences to pleading guilty or CWOF to a drunk driving charge?
In addition to the punishments, permanent addition to your criminal record, and expense of all the fines, pleading guilty also has many other consequences. Adding to the financial expense is that your car insurance premium will likely increase drastically or might even be canceled. You might also have to miss work and lose earnings during the process.
A guilty plea may also affect your current or future employment, or your ability to continue working in certain occupations. Many employers perform criminal background checks, and even one DUI conviction or guilty plea is enough to show up on your record. This could prevent you from getting a new job. It can also affect your current employment if your license is suspended and you cannot get to work. Depending on your employer and occupation, a DUI conviction or guilty plea can have a serious impact on your continued employment. Professional drivers, including bus drivers and truck drivers, and airline pilots are examples of occupations where a DUI on your record will have an impact on your ability to earn a livelihood.
An OUI conviction can also affect your immigration status if you are not a United States Citizen, even if you are here legally on a valid visa or have a permanent resident (green) card. Depending on the facts of your case, your conviction may cause problems even if the charges were reduced to a misdemeanor. If the Board of Immigration Appeals finds that your conviction constitutes a crime of moral turpitude, you can even be subject to deportation.
