OUI defendants in Massachusetts must pay several fees and assessments if they lose at trial or accept a plea deal. (The vast majority of OUI charges are resolved through a plea.)
All defendants must pay a $50 “victims of drunk driving” assessment and a $250 “head injury assessment.” These fees cannot be waived by the court. Typically the judge gives the defendant at least 6 months to make the payments. And the defendant can usually request a time extension if necessary.
In addition to the “non-waivable” assessments, the state piles on hundreds of dollars in added costs such as the “apprehension, treatment, and rehabilitation” assessment of $250.
The judge has the power to waive these added expenses. But you must ask him to do so when tendering your plea or before he imposes a sentence at trial. Be prepared to give him some reasonable justification for waiving the fees. In most cases, the judge will get rid of extra costs when possible.
Lastly, keep in mind that the driver alcohol education program (DAEP)–mandated for all OUI defendants who plead or lose at trial–is nearly $1,400. Thankfully the judge can waive this fee as well. But first you must fill out a detailed financial affidavit with the probation department.
If you’re tendering a plea, it’s best to prepare the affidavit in advance and submit it to the judge along with your plea form. Then ask him to review the affidavit and waive the DAEP fee if/when the plea is accepted.