Massachusetts Appeals Court February 9, 2004, No. 03-P-165 (Commonwealth v. Hernandez)

Brown, J.

In September, November, and December, 2001, the defendant was arrested a total of three times for operating a motor vehicle while under the influence of intoxicating liquor (OUI). See G. L. c. 90, § 24(l)(a)(l). The charges arising out of the September arrest were ultimately dismissed. On January 13, 2002, the defendant pleaded guilty to the charges arising out of the November arrest.