When you’re charged with drunk driving in Massachusetts, you can either take your case to trial or resolve it through a plea deal with the prosecutor. Typically the plea deal is far more lenient than the sentence that would be imposed if you lost at trial. Consequently, most defendants resolve their cases with a plea.
Nearly all OUI plea agreements require the defendant to complete one of two prescribed programs run by the Bureau of Substance Addiction Services (a subdivision of the Department of Public Health.)
First Offender “Driver Alcohol Education” (DAE)
If this is your first OUI (or you have one prior OUI that is more than ten years old), you will be required to complete Driver Alcohol Education. The program consists of 40 hours of meetings over a 16-week period. The purpose of the course is to educate participates on substance abuse and the real-life impact of driving under the influence of drugs or alcohol.
For more information on the typical first-offender plea deal, see my post: Drunk Driving (OUI) First Offense in Massachusetts.
Second Offender 14-Day Inpatient Program for Driving Under the Influence of Liquor (DUIL)
If you are accepting a plea deal for your second OUI, you will be required to complete a 14-day residential program known as the DUIL. During this two-week program, you’ll live at a hospital or treatment facility where you’ll undergo a medical evaluation and take part in group counseling.
Before you leave, a personalized treatment program will be devised for you and made part of your “Second Offender Aftercare Program.” This aftercare-treatment regimen will become part of your probation conditions. Failure to abide by the required treatment will result in a probation violation.
Most defendants faced with the 14-day, inpatient program begin to seriously consider taking their case to trial. If you’ve been charged with a second-offense OUI and you’re considering trying the case, see my post: Second Offense OUI Convictions in Massachusetts.