Massachusetts DUI Attorneys
Get Help From a Massachusetts DUI Lawyer or Attorney
If you have been charged with a DUI in Massachusetts (Driving Under the Influence), there are two things that you need to consider:
Take your drunk driving charge very seriously.
Hire an experienced Massachusetts DUI Lawyer or DUI Attorney who is experienced in Massachusetts DUI law.
Each Massachusetts DUI lawyer at DUI.com offers an initial review of your drunk driving charge. Your inquiry is both free and confidential.
To begin fighting your drunk driving charge, use the list above to locate a Massachusetts DUI Lawyer in your county who knows the Massachusetts DUI laws. But do it now, as time is very critical in a DUI case.
What Happens To First Time Offenders?
As of July, 2003, Massachusetts has a “per se” DUI/ OUI law, under which you are considered Driving Under the Influence if your blood alcohol ratio (BAC) is over .08. In Massachusetts, most simple first offender DUI charges are handled as “alternative disposition” probation plea bargains, under which you participate in a mandatory drug-alcohol education program, and your license is temporarily suspended.
Dui First Offense Penalties:
Alternative disposition (1st Offense OUI)
Â· A breath test of .08 for operators over age 21 (or .02 for operators under age 21) incurs a 90 day suspension. This suspension terminates at 90 days or with the disposition of the case, whichever is earlier. For a first offense OUI charge (over age 21), the license suspension period has recently decreased from 90 to 30 days. If you plea bargain to the criminal DUI charge, you will receive no more than a license suspension of 30 days.
Refusing the Breath Test:
If you refused the breathalyzer, you will automatically lose your license for 180 days for the first refusal offense. Under Massachusetts DUI law you have no right to an attorney after being asked to take a field sobriety test.
If you refused to take a breath or blood test after being arrested in Massachusetts, or if the results of your test were .08 blood alcohol content (BAC) or above, your license will be suspended 15 days after the arrest, unless you take action to demand an administrative hearing within 30 business days after the arrest.
First time OUI offenders are offered the ability to receive a limited use hardship license immediately after their case is completed. License is good for only 12 hours a day, for driving to and from work, school, medical appointments, alcohol recovery programs, etc. If you decide to admit to the offense or go to trial and then lose while you are suspended, you may still be eligible for a hardship license for a first offense.
Hardship license applicants must wait 3 business days after their court date before appearing at special Registry offices, and must first have appeared for in-take at their assigned first offender program. You must provide the following documentation at the hearing:
Massachusetts law prohibits the consumption of any alcohol by persons under the age of 21.
Commercial Vehicle Drivers:
If you are tested with .04 BAC, you will be disqualified from operating a commercial vehicle for not less than one year.
Massachusetts Driver Alcohol Education Programs
The Driver Alcohol Education Program (DAEP) is a program for individuals charged with a First Offense Driving Under the Influence. Most participants are referred by area District Courts and are on Probation while in the program You have the option of attending the DAE Program as an alternative to a lengthier license loss, heavier fines, and possible incarceration.
The program consists of an intake assessment, thirty-two hours of group meetings over sixteen weeks, exposure to self-help groups through attending two meetings in your community, and a victim impact presentation with speakers from MADD.
Costs: frequently around $600.00
Refusing to Take a Breath (Breathalyzer) Test:
Regardless of whether the offender fails or refuses to take the test, the additional one (1) year suspension penalty is not affected by the outcome of the offender’s court case or criminal charges, even if the offender is found not guilty.
There is no automatic Hardship license eligibility on suspensions resulting from a refusal to submit to the Breath Test.. Once your refusal failure suspension has expired, you are eligible to get your full license back for a reinstatement fee regardless of whether your case is still pending in court.
Insurance Rates: Your insurance rates will rise considerably from any DUI conviction or guilty plea. You may lose your current insurance company and only find insurance with a company that offers less coverage for more money.
Accident, Injury, Death Caused by DUI
Any case involving accident, injury, or death caused by your DUI will be subject to much stiffer penalties such as greater prison time, fines, and license suspensions.
Are You Really a First Offender?
Massachusetts law now allows for a “lifetime look back”, meaning the court may consider prior OUI convictions when assessing a penalty at sentencing. This means that any conviction on a Massachusetts drunk driving charge from decades ago may cause your case may be counted as a second (2nd) or third (3rd) offense, instead of the 1st offense you were expecting.