The vast majority of drunk-driving defendants are put on probation, typically for one year, and ordered to complete an education or treatment program. First-time OUI defendants must complete the 40-hour Driver Alcohol Education (DAE) course. Those charged with a subsequent OUI must enroll in a 14-day, inpatient treatment program.
Failure to complete either the DAE or the inpatient program will trigger a probation violation hearing. The defendant will be ordered to return to court and explain why he failed to satisfy his probation terms.
In most cases, a first-time OUI defendant who fails to complete the DAE can ask the court to extend his probation, giving him additional time to fulfill the obligation.
Further failure or outright refusal to take the DAE course will likely result in probation being terminated and a “guilty” disposition going on the defendant’s record. It’s also possible, though unlikely, for the probation department to ask for a jail sentence to be imposed.
There is usually less leniency for defendants charged with subsequent OUI offenses. Their failure to complete the 14-day, inpatient program is more likely to be punished with a short term in jail. Additionally, if they received the benefit of a CWOF on their latest OUI, that will be revoked and a “guilty” will be entered against them.
Failure to complete the terms of an OUI probation—whether for a first offense or a subsequent offense—will result in the defendant’s Massachusetts driver’s license being suspended indefinitely.