Massachusetts DUI Attorney

Massachusetts DUI Law

The DUI laws in Massachusetts are similar to the DUI laws of many other states. It is a criminal offense to drive under the influence of drugs or alcohol and the offense is punishable by a number of penalties that have the potential to have a serious impact on your quality of life. Because of these potentially life-altering penalties, as well as the stigma of having a criminal record, you need to contact a Massachusetts DUI attorney so that you have a chance of defending yourself against DUI charges. While hiring a Massachusetts DUI lawyer cannot guarantee that you will win your case, it can give you the best chance of being successful because you will have the opportunity to utilize the attorney’s knowledge and experience in your defense.

Massachusetts OUI

In Massachusetts, driving under the influence is known as OUI or “operating under the influence.” This means that a driver has operated a motor vehicle while under the influence of alcohol or drugs. There are two theories under which an OUI case can be prosecuted in Massachusetts. One is driving under the influence, where prosecutors must show that a defendant was less able to drive a vehicle safely than he or she would have been had no alcohol been consumed. In this type of case, evidence such as causing an action, displaying bad driving patterns, having the smell of alcohol on the breath or clothing, and appearing intoxicated can help the prosecutor prove a case against the defendant. There is also the “per se” theory, which means that it is illegal for persons under the age of 21 to drive with a blood alcohol concentration level that is 0.08% or greater. 0.08% is the legal limit for blood alcohol concentration in the state of Massachusetts. In this type of case, the prosecutor simply has to show that the defendant’s blood alcohol level was 0.08% or greater when the driver submitted to a chemical test. Massachusetts is unique because, in many states, refusing to take a breath test in the field can be introduced into court to show that the driver had consciousness of guilt. In Massachusetts, this refusal cannot be introduced in the criminal proceedings. However, it may impact your driving privileges for a minimum suspension period of 180 days. You can be convicted of OUI only if the jury members believe that your blood alcohol concentration level was at the legal limit or higher. If you can introduce information that shows the test was not administered properly or that the test result was faulty, then this test cannot be used against you during your trial.

Being convicted of or pleading guilty to an OUI offense stays on your driving record.
There is no period of time to complete before it can be removed; the offense stays on your record forever. Your admission of guilt or your conviction are reported to the Massachusetts Registry of Motor Vehicles and the RMV then reports this information to the National Driver’s License Registry. This means that, if you are visiting Massachusetts and are charged with an OUI offense, your home state will almost definitely seek to suspend your driver’s license. If you are not convicted, this suspension can be prevented.

Massachusetts OUI Penalties

The penalties for operating a vehicle while under the influence in Massachusetts get increasingly more severe as you accumulate subsequent offenses. These penalties are designed to prevent offenders from committing subsequent DUI offenses, but this is not always the case. The more offenses an offender commits, the harsher the penalties if convicted. The penalties for a first offense can include fines of $500 to $5,000, not more than two years of incarceration, and one year of license suspension. The license suspension must run for 30 days before a work hardship license becomes an option. First offenses may also be eligible for alternative disposition. If this is the case, the offender must comply with the terms of the disposition. One of the terms is that the offender must attend an alcohol and drug education program at their own expense. There is also a license suspension period of 45 to 90 days.

The penalties for a second OUI offense in Massachusetts become harsher after a first offense. The incarceration period is no less than 60 days and no more than 2.5 years. 30 days of jail time is mandatory for a second offense. There are also fines of $600 to $10,000 and a two year license suspension period. Some second offenders may qualify for an alternative disposition. If eligible, they must complete a 14 day residential treatment program at their own expense. There will also be a two year license suspension period and two years of probation. A third offense carries a mandatory penalty of 150 days in jail. The jail term may be no less than 180 days and no more than 5 years in a state prison. Fines range from $1,000 to $15,000 and the license suspension period is 8 years. A fourth OUI offense has a mandatory jail time of 1 year with the jail term ranging anywhere from two years to not more than five years. The fines are from $1,500 to $25,000 and the license suspension period is ten years. Fifth DUI offenses result in a 24-month mandatory minimum jail sentence with the jail term being no less than 2.5 years and no more than 5 years. The fines range from $2,000 to $50,000 and a fifth time offender will lose his or her license for life with no option of receiving a hardship license at any time. Because these penalties have serious potential to damage your reputation and your ability to provide for your family, hiring a Massachusetts DUI attorney is necessary to present the best possible defense for your case.

Administrative RMV Penalties

The RMV will also take action against you as a DUI offender. There are license reinstatement fees and license suspension to keep DUI offenders off the road. For a first offense, the license reinstatement fee is $300. For a second offense, the reinstatement fee increases to $500. The fee for reinstatement after a third offense is a steep $1,000. For a first offense OUI and a failed chemical test, the license suspension period is 30 days. If you refused to submit to chemical testing, the suspension period is 180 days for a first offense. If you have a prior OUI conviction or are under 21 years of age, the suspension period for refusing to submit to chemical testing is one year. You may be able to apply for a hardship permit that will allow you to drive to work or medical appointments during a 12-hour period each day. If you have refused to submit to chemical testing, this hardship license is not available during the license suspension period.

Melanie's Law Explained

Many Massachusetts Drivers are thoroughly confused by the penalties imposed by Melanie's Law, a tough drunk driving law which was designed to improve public safety.

On October 28, 2005, the Massachusetts Drunk Driving Law was amended by "Melanie's Law" This law substantially increased penalties and sanctions for drunk driving related offenses and refusing the breathalyzer. Also, the law imposed an immediate suspension upon refusal of a chemical breath test and eliminated the 15 day temporary licenses which were previously issued to offenders who refused the breathalyzer. Since the passage of Melanie's Law, the number of people who were arrested in Massachusetts and charged with operating a motor vehicle under the influence of liquor (OUI) has steadily increased. According to data from the Massachusetts Registry of Motor Vehicles (RMV), in the year prior to the passage of Melanie's Law, 13,335 people were arrested and charged with OUI. Between October 28, 2005 and October 28, 2006, the first year after Melanie's Law took effect, the number of arrests rose to 14,068; in the second year, that number rose again to 15,591. According to the RMV's most recent statistics, in the third year since Melanie's Law took effect, there were 16,199 people arrested and charged with OUI in Massachusetts.

One of the goals of Melanie's Law was to persuade people to take the breathalyzer by imposing harsh license suspensions for breathalyzer refusals. License suspensions for breathalyzer refusals range from 6 months to lifetime. With these long suspensions, many people think twice before refusing the breathalyzer.

Another component of Melanie's Law requires the installation of breath alcohol ignition interlock devices in vehicles of repeat offenders. Drivers with 2 or more DUI charges on their records must operate only those vehicles equipped with interlock devices during the entire term of any hardship license and for a period of two (2) years after getting their full licenses reinstated.

Melanie's Law created the following new crimes: Employing or allowing unlicensed operator to operate motor vehicle, allowing an individual with an ignition interlock restriction to operate a vehicle not equipped with the device, Removal of the device, or failing to have the device inspected, maintained, or monitored on at least two occasions, at least two attempts to start a vehicle with a blood alcohol level in excess of .02, Driving without an ignition interlock device when its mandated, Tampering with an ignition interlock device, supplying an air sample to start someone else's vehicle, DUI while driving on a suspended license because of drunk driving, and DUI with a child 14 years of age or younger in the car.

Melanie's law also increased the waiting period to apply for a hardship license for a second offense. Now, in most cases, you must wait one year to get a hardship license on a 2nd offense. Also, it increased the length of license suspension for vehicular homicide from 10 to 15 years.

Given the complexities of Melanie's Law, having a qualified lawyer fight for you is essential. You should hire a lawyer who knows the Massachusetts Drunk Driving and Hardship License laws inside and out.

Brian E. Simoneau is a Massachusetts Attorney who handles RMV and Board of Appeaql matters including ignition interlock violations, suspended licenses, and hardship licenses. He represents clients before the Registry of Motor Vehicles and Massachusetts Board of Appeal. He is a recognized expert on Ignition Interlock Law.