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Subsequent Offenses

Massachusetts General Law Chap. 90, Sec. 24 establishes a 10­year period for determining subsequent offenses. The 10­year period encompasses the date of the conviction or finding of the prior OUI offense to the date of arrest of the subsequent OUI offense. This 10­year period creates a minimum statutory timeline for determining whether a person is charged with a second or subsequent offense OUI. Even if your subsequent OUI arrest falls outside of the 10­year time frame, it is still within the deciding judge's discretion to impose penalties beyond the mandatory minimums. In any criminal case a judge will review a defendant's entire criminal history record in sentencing.

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