Massachusetts Driving Under Influence Lawyer, Massachusetts Driving Under Influence Attorney

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Blood Alcohol Concentration

0.08

Suspension of licence for administravtive reasons after first offense?

90 days

Can driving priviledges be restored during suspension?

no

Penalties include forfeiture or ignition interlock?

no/no

"Open Container" laws

driver/passenger

Massachusetts Driving Under the Influence Law

In common with many other States, a DUI arrest in Massachusetts will lead to two cases being brought against the defendant, a criminal case and a Department of Public Safety case. If you have been arrested for DUI in Massachusetts, you have only 10 days in order to apply for a hearing at the Department of Public Safety in order to retain your driver's license. It is therefore essential that you contact a Massachusetts DUI lawyer as soon as possible.

Charges for DUI in Massachusetts can be brought under the “per se” doctrine of Blood Alcohol Concentration, currently set at 0.08%, above which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven. The limit is set at just 0.02% for drivers under the age of 21.

Arrests for Driving Under the Influence of alcohol usually involve a request to perform “field sobriety tests”, such as touching the tip of your nose with your finger - such tests are no admissible into evidence in court so it is best to refuse to perform them. Refusal to take a breath test is also not admissible into evidence, however refusing a breath test may lead to a suspension of 180 days.

Conviction Punishment
First Jail term of up to 36 months, fine of between $500 and $5000, license suspended for 1 year - alternatively probation with compulsory attendance of alcohol/drug education program, license suspended for between 45 and 90 days (under 21's 210 day suspension)
Second Jail of no less than 60 days and not more than 36 months, fine between $600 and $10000, 2 year license suspension - alternatively 2 years probation, a 14 day treatment program, 2 year license suspension.
Third Jail term between 180 days and 5 years, a fine of between $1000 and $15000, 8 year license suspension.
Fourth Jail for a minimum of 2 years up to 5 years, fine between $1500 and $25000, 10 year license suspension.
Fifth Jail term of between 36 months and 5 years, fine between $2000 and $50000, lifetime suspension of license.

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