Massachusetts DUI/OUI Help

Massachusetts is a state of many firsts, including the first battle of the American Revolution and the first written body of laws in the U.S.  But get caught driving/operating under the influence (DUI or OUI) of alcohol or drugs and stern drunk driving laws can create a battle for your driver’s license and perhaps your freedom.

Recently, a new law heightened the penalties for Massachusetts drunk driving. “Melanie’s Law” is named for 13 year-old Melanie Powell, who was killed in an accident caused by a repeat drunk driver in 2003. Now multiple offenders must apply for a Z restricted license and install an ignition interlock device (IID), which measures breath alcohol content (BAC) and will not allow an auto to start with any detectable alcohol on the driver’s breath. Other enhanced penalties in the law have been mandated for refusing a BAC test, stricter requirements for hardship licenses, for loaning a car to someone who is clearly intoxicated, driving drunk with someone under the age of 14, and doubles the penalty for DUI manslaughter.

The per se, or legal limit for assumed intoxication is a BAC of .08% for adults and .02% (zero tolerance) for minors. But you can be prosecuted for a Massachusetts OUI by the prosecution proving you were a less than safe driver due to impairment by alcohol and/or drugs via an officer's observations. This can include the manner of driving, field sobriety tests, the smell of alcohol, blood shot, watery eyes, loss of coordination, and general attitude.

Every driver in Massachusetts has given their ‘implied consent’ for a blood alcohol test when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Massachusetts DUI charge. You should note that you have the right to a second BAC test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Massachusetts DUI attorney contact the hospital immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.

If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol based paints or solvents or from a ‘benign source’, mouthwash, prescription or over the counter drugs, be aware that you can still be arrested for driving in an impaired or unsafe manner, even if you are not  ‘legally drunk’ under Massachusetts DUI law. 

When charged with a Massachusetts DUI you are going to face two gauntlets. One is the Massachusetts criminal courts system, the other is the Massachusetts Executive Office of Transportation, Registry of Motor Vehicles administrative hearing. The penalties may seem similar, and may run concurrently (at the same time). Unlike a criminal case the defendant bears the burden of proving their innocence in a RMV hearing. Prior Massachusetts DUI or out of state convictions will also reflect on your penalties in both cases.

Be advised that Massachusetts, and most states and the District of Columbia, have an out-of-state Driver’s License Compact Agreement, meaning that Massachusetts DUI convictions will be reported to your home state which will generally take action to suspend your license.

Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Massachusetts DUI specialist. When charged for suspicion of a DUI, request to see a Massachusetts DUI attorney, the sooner the better.

– Info You Should Know  –

Was I Stopped Legally?

You were probably stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for a Massachusetts DUI focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
 
Not all reasons offered by officers are always legal. Check with a Massachusetts DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties


Should I have Talked To the Cop?

Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them later in court.

And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Massachusetts DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, probably for many months.
 

Did I Have A Right To Make A Call?

The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Massachusetts DUI specialist.


Did I Have To Take A Field Sobriety Test (FST)?

Unlike blood and breath testing, submitting to a Massachusetts DUI "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. However, even under laboratory conditions, these DUI tests nationwide have only been established to be accurate in predicting blood alcohol content above .10% only 66% to 77% of the time.


I’m Simply Going To Plead Guilty, Why Do I Need A Massachusetts DUI Lawyer?

The penalties and the numerous and complicated laws relating to motor vehicles and Massachusetts DUI charges should be taken very seriously. Massachusetts DUI convictions and penalties can be long lasting and severe, both in court and with the Massachusetts Executive Office of Transportation, Registry of Motor Vehicles (RMV) which regulates your driving privileges.

Experienced and skilled legal counsel may be able to help mitigate your penalties by maximizing your defenses. A Massachusetts DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.

When considering consulting a Massachusetts DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearance, job barriers, possible harm to professional credentials or certifications, and the loss of personal freedom. Don’t you think these rights, possessions, achievements and abilities and are worth protecting?


What’s A DUI Attorney Going To Cost?

One of the biggest concerns for people looking for Massachusetts DUI help are attorney’s fees. As cases vary, so does cost. You may not realize it, but money spent now on a skillful Massachusetts DUI attorney might save thousands of dollars in the years to come.


Can I Plea Bargain?

An effective Massachusetts DUI attorney often times will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of a Massachusetts DUI, remember that if a 1st charge was DUI, a subsequent conviction will still count as a prior for calculating the mandatory minimums for getting busted again.


I’ve Heard of A Nolo Contendere

In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.

In any case, without services of a veteran Massachusetts DWI specialist, specialized pleas or plea bargaining is not possible.


What Is A CWOF Plea?

A Continuance Without a Finding (CWOF) plea is not the same as pleading guilty, although it’s an admission that here are sufficient facts to render a guilty verdict. This is usually part of a pre-trial plea bargaining gambit on the part of your Massachusetts DUI attorney, as long as this is a first DUI charge and there was no injury or great loss of property. This plea may be available for Massachusetts OUI misdemeanor charge, marijuana possession charges, and other driving violations.


What Happens In Court?

You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior DUI convictions. These convictions include any previous Massachusetts administrative or criminal court DUI suspensions, for refusal to submit to a BAC test, or any DUI convictions in other states.

In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle. A condition of parole may be that you not drink or congregate where any alcoholic beverages are served (save for ball parks, concerts, restaurants).


Is Being Punished by the RMV and the Criminal Courts Double Jeopardy?

Like most States, Massachusetts DUI law permits the enforcement of administrative penalties in addition to court punishments as they consider driving a privilege, not a right, and not subject to civil liberties. Massachusetts Executive Office of Transportation, Registry of Motor Vehicles (RMV) administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and deals out punishment.


What Can You Expect in Massachusetts for Multiple DUI’s?

Any time you face multiple or ‘aggravated charges’, or if death, injuries or sizeable property damage occurs, the fallout for a Massachusetts DUI will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, restitution and of loss of a drivers license for years, if not permanently. We cannot strongly enough recommend retaining an experienced Massachusetts DUI attorney in order to secure the best possible outcome of a potentially severe situation.



1st DUI Offense Penalty
Not more than 2 1/2 years in jail.
$500 to $5,000 fine.
1 year suspension of driver’s license, 45 to 90 days mandatory.
1 year probation with mandatory substance abuse education program.
Hardship license possible after 3 to 6 months with completion of 1st offenders program.

1st Offense CWOF Option
Plead to a CWOF.
Approx. $2500 in fines and court fees.
1 year unsupervised probation.
16 weeks mandatory participation in alcohol/drug education program.
45 to 90 days driver’s license suspension (no refusal of BAC test).
Eligible for a hardship license immediately.

2nd OUI Offense
Not less than 60 days (30 day mandatory), not more then 2 1/2 years in jail.
$600 to $10,000 in fines.
2 years license suspension.
Hardship considered in 1 year to 18 months.
BAC test refusal or failure makes you ineligible for a hardship license for at least 3 years.
2 years mandatory ignition interlock device (IID) installed in vehicle mandatory with any driver’s license.
 
2nd Offense CWOF Option
2 years probation.
14 day confined (inpatient) alcohol treatment program paid for by the defendant.
2 year license suspension, hardship license considered in 1 year to 18 months.
2 year ignition interlock device (IID) installed in vehicle. Mandatory for any driver’s license privilege.
Prior offense over10 years old still will be considered as a 2nd offense for license reinstatement.
Due to Melanie’s Law if you have a prior from another state, even if it’s decades old, you will be forced to get an IID in your car as a condition of license reinstatement.

3rd OUI Offense
180 days (150 day mandatory) in jail. Not more than 5 years in state prison for felony conviction.
Confinement may be served in a prison substance abuse treatment program
$1,000 to $15,000 fine.
8 years license suspension, hardship considered in 2 to 4 years.
State may seize, keep, and/or sell vehicle of offender.

4th OUI Offense
2 years in jail (1 year minimum mandatory), not more than 5 years (felony status).
$1,500 to $25,000 fine.
License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years.
 
5th OUI Offense
2 1/2 years (2 years minimum mandatory) in jail. Not more than 5 years in prison for felony conviction.
$2,000 to $50,000 in fines.
License revoked/suspended for life. No possibility of a hardship license.

BAC Test Refusals
1st refusal 180 day suspension of driver’s license.
2nd refusal 3 year suspension.
3rd refusal 5 year suspension.
Subsequent refusal,  lifetime revocation of driver’s license.

1st Underage DUI Offense
Not more than 2 1/2 years in jail.
$500 to $5,000 fines.
License suspended for 1 year (consecutive with breath test suspension).
Unsupervised probation for 1 year.
License suspended for 210 days (not including breath test suspension).
16 week alcohol education program.
.02% to .05% BAC 210 days license suspension.
Additional 180 day suspension is waived upon completion of Youth Alcohol/Drug Program.
After 180 days eligible for hardship license.
Mandatory installation of an IID for at least 2 years. 

2nd DUI Offense
Not less than 60 days (30 days mandatory) and not more than 2 1/2 years in jail.
$600 to $10,000 in fines.
2 years license suspension. Hardship license considered in 1 year to 18 months
Mandatory IID for at least 2 years for hardship license.

3rd DUI Offense
180 days (150 days mandatory), to not more than 5 years state prison for felony conviction.
May be served in a correctional facility substance abuse treatment program.
 $1,000 to $15,000 fine.
8 years license suspension. Hardship license considered in 2 to 4 years.
A condition of any hardship license is the installation of an IID.

4th DUI Offense
Not less than 2 years (1 year minimum mandatory), not more than 5 years imprisonment.
$1,500 to $25,000 in fines.
10 years license suspension.
Hardship license considered in 5 years to 8 years.
Mandatory installation of an IID minimum for the hardship period.

5th DUI Offense
 Not less than 2 1/2 years (2 years minimum mandatory), not more than 5 years imprisonment.
$2,000 to $50,000 fine.
License revoked for life, no possibility of hardship license.

Underage BAC Test Refusal
Up to 3 year suspension reduced to 180 days which can be waived with completion of 1 year Youth Alcohol/Drug Program.

License Reinstatement Fees
1st Offense $500.00.
2nd Offense $700.00.
3rd Offense $1,200.

Commercial Driver’s License Penalties
3 years disqualification of license for:
1st offense BAC .04%.
Refusal of BAC of test.
While transporting hazardous material.
Subsequent violations disqualify a CDL for life.

– Massachusetts Registry of Motor Vehicles –

RMV Sanctions
1st offense,1 year minimum mandatory driver’s license suspension Under Melanie's Law.
2nd offense, 2 year license suspension.
3rd offense, 8 year license revocation.
4th offense, 10 year revocation.
5th offense, lifetime license revocation.
1 to 5 years license suspension for any drug-related conviction.
RMV may also require substance abuse programs and DUI school completion.


Only experienced Massachusetts DUI/OUI attorneys should provide you with bonified legal advice concerning Massachusetts DUI/OUI/laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Massachusetts DUI/OUI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Massachusetts DUI/OUI lawyer.


TITLE XIV. PUBLIC WAYS AND WORKS
CHAPTER 90. MOTOR VEHICLES, VESSELS AND AIRCRAFT
Section 1, 3, 8, 9, 24, 138, 241