If you’re charged with drunk driving in Massachusetts, your case could be in pretrial status for several months.
Occasionally, an OUI defendant will pick up a new drunk driving charge during that time.
If that has happened to you, I’ve got some good news and some bad news.
The good news is that the subsequent OUI charge cannot be deemed a second offense.
This is because you have not yet been convicted of the earlier OUI.
Consequently, you can often plea to two first-offense OUI’s.
This often avoids the dreaded second-offense OUI penalty: a two-week inpatient alcohol program, a two year loss of license, and a misdemeanor conviction on your criminal record.
Here’s the bad news.
If your second alleged OUI is especially bad, the prosecutor can ask the judge to revoke your bail on the earlier case.
If the judge allows the request, you could be thrown in jail for up to 90 days.
Though this would be unlikely.
What’s more probable is the imposition of pretrial release conditions for the new case.
The judge can–and very likely will–order you to refrain from alcohol and to submit to random screens.
A substance abuse evaluation may also be imposed along with the requirement to comply with any recommendations made by the evaluator.
Finally, the judge can order you not to drive during the pendency of your new case.