Second Offense Operating Under the Influence (OUI) or Cahill Disposition

Are you being charged with a second offense operating under the influence of alcohol in Massachusetts?  Since the implementation of Melanie’s law, Massachusetts is a lifetime lookback state.  That means that even if your first offense was 40 years ago, you will still be charged with a second and subsequent offense.  The penalty for a second offense OUI is a fine of $600 – $1000 and an associated jail sentence for up to 2 ½ years.  Under the primary OUI law – Chapter 90 section 24, that sentence should not to be reduced to less than 30 days mandatory time.   However, there does exist other legal options that would avoid the need for any time spent in jail.

What does that mean to you?  A second offense charge is scary.  It carries with it a mandatory jail time component.  However, the governing statute or law does provide for leniency and alternative sentencing for certain circumstances on a second offense Operating Under the Influence.  Under the first alternative sentence, you could be mandated to complete a 14 day in-patient program, an evaluation and associated aftercare and pay any court or statutory mandated fines and fees during your probation in lieu of a jail sentence.

Second, in circumstances where your first offense is over ten years old, you may be eligible for what is commonly referred to as a “Cahill” disposition which entitles you to resolution of your second offense in a similar manner as a first offense would be resolved.  This alternative is referred to as a “Cahill” disposition because it stems from a decision called Commonwealth v. Cahill made by the Massachusetts Supreme Judicial Court in 2004.  In that case, the Supreme Judicial Court determined that because the prior conviction was over 10 old, the defendant was entitled to disposal of his case on a separate provision under Chapter 90 of the Massachusetts General Laws avoiding the need for any time spent in jail or in-patient treatment and would therefore also benefit from the associated (and abbreviated) license losses.  While there are certainly differences that may apply – license implications, mandate of an ignition interlock device, length of probation, and whether a conviction would enter on your record – it does allow for disposition of your case without the need for jail and without the need for the 14 day in-patient program.

If you do qualify for the “Cahill” disposition, you can also limit your associated license losses and potentially qualify for a hardship license within the same time period (a minimum of three days) as you would on a first offense.  If you refused the breathalyzer you will still receive the associated second offense refusal punishment – a three year loss of license through the registry of motor vehicles – however, you may be able to appeal the likely denial of a hardship license during that period of time.

If you are facing charges of Operating Under the Influence or OUI –  contact Criminal Attorney Kristen Bonavita for a free consultation at 978-376-6746.