OUI defendants who are convicted or plead to their drunk driving offense must usually complete the Massachusetts Impaired Driving (MID) Program.
The MID Program is nearly $1,4000 and most OUI defendants (who have been without a license for months) cannot afford the expense.
Thankfully many judges will readily waive the program fee if the defendant is truly low on funds.
To waive the fee defense counsel should get an indigency affidavit from the probation department.
These affidavits differ slightly from one probation department to the next. But all affidavits typically ask the defendant whether or not he receives state subsidies (i.e., welfare, food stamps, etc.)
If the answer is “yes” the defendant usually automatically qualifies for the MID fee waiver.
Defendants who do not receive state aid must give the court details about their income and expenses. Such defendant should bring a pay stub with them if/when they anticipate completing the affidavit. They should also have a general idea of what they pay each month for housing and necessities.
The affidavit should be submitted to the judge when the plea is tendered.
If the case goes to trial, it’s best to have a completed affidavit with you. This way, if things don’t go your way, you can ask the judge to waive the program fee at sentencing.