The Cahill disposition arose from Commonwealth v. Cahill, 442 Mass. 127 (2004). Basically, you are charged with a second OUI offense then the court can assign the 24D program and then levy applicable penalties from the first OUI charge along with the 45-day loss of your driver’s license.
The Massachusetts Registry of Motor Vehicles must uphold the disposition and under the Cahill decision, you can get your license back as long as you agree to have an ignition interlock installed and maintained for three years.
The decision must be carried out to treat the second OUI as a 1st offense if it takes place more than ten years from the anniversary of your first drunk driving conviction.
Benefits of the Cahill Disposition
Without a doubt, there are benefits to the Cahill disposition. Basically, the consequences are fewer than if you are convicted of a second OUI.
- You will not be found guilty of a OUI.
- By not being convicted of a second offense, you will not face any jail time using the Cahill disposition.
- Suspension of your driver’s license for two years with the ability to possibly obtain a hardship license if you have an ignition interlock device installed.
- Two years’ probation (cost is $1560)
- Monetary costs will vary depending on the interlock and inpatient program (both are privately funded)
- Must have an ignition interlock on your vehicle for three years.
Remember, the Cahill Disposition is only available if it has been ten years since your last OUI offense.
What Happens if You Don’t Obtain a Cahill Disposition?
If this is your second OUI and you do not obtain the Cahill disposition then you will face a mandatory two-year loss of your driver’s license.
You will also face either 14 days at an inpatient secure hospital treatment center with lockdown and one year of after care or two years of probation.
You might be looking at sixty days at the House of Corrections along with an additional two-year probation period.
Typically, most judges will pick hospitalization/treatment over jail time.
Remember, a second OUI conviction has a maximum penalty of two and a half years in the House of Corrections. Also, if you refuse a breath test then you will face a three-year CTR which cannot run concurrently with the OUI of two years.
If this is your second OUI but your first offense was over a decade ago then you might be an ideal candidate for the Cahill disposition. It is ultimately up to the court but in most situations the Cahill Disposition is obtained with a plea disposition prior to going to trial.
Seek Legal Assistance – Timing is Essential
It is particularly important that you seek a qualified OUI defense lawyer if you feel that your situation qualifies for a Cahill disposition before you go to court.
If you go to court and you are found guilty of the OUI then it will be considered a second offense even if your first OUI occurred more than ten years prior.
You will lose out on the ability to obtain a discretionary Cahill disposition.
One additional thing to note is that a Cahill disposition can be continued without a CWOF but it is not as typical as with an OUI 1st offense.
If you feel this may fit your situtation and you’ve been charged with a 2nd OUI schedule a consultation with Oberhauser Law. Attorney Gregory Oberhauser will review your case and provide the best course of action. 978-452-1116