Best DUI Lawyers Boston, MA Of 2024 – Forbes Advisor – Forbes

3 minutes, 21 seconds Read

Under Massachusetts law, the crime of driving under the influence (DUI) occurs when an individual operates a vehicle in a public or private location where visitors may be present in the following situations:

  • Driving with a blood alcohol concentration (BAC) of 0.08%.
  • Driving under the influence of marijuana
  • Driving under the influence of narcotic drugs
  • Driving under the influence of intoxicating liquor
  • Driving under the influence of stimulants or depressants
  • Driving under the influence of smelling or inhaling toxic vapors

Understanding Massachusetts DUI laws will help you decide how to find the best attorney suited for your situation should you be stopped for an alcohol-related offense while driving.

Legal Blood Alcohol Concentration (BAC) in Massachusetts

In Massachusetts, it is against the law to drive a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. Individuals under 21 will have their license suspended by the Massachusetts Registry of Motor Vehicles( RMV) if they operate a motor vehicle with a BAC of 0.02% or above. Those holding a commercial driver’s license (CDL) will face a CDL suspension for driving a motor vehicle with a BAC of at least 0.04%.

Implied Consent Laws in Massachusetts

Like all other U.S. states, Massachusetts has implied consent laws in place to ensure the safety of its roads from drunk driving incidents. These laws mean that if you hold a driver’s license, you have automatically given consent to submit to chemical testing if you are arrested under suspicion of operating a vehicle while under the influence of drugs or alcohol—operating under the influence or OUI.

If you refuse to take the breath test administered to you, the arresting officer will immediately suspend your license, seize your vehicle for 12 hours and notify RMV within 24 hours.

You have the right to challenge the revocation and request an RMV hearing for a chemical test refusal, but you must do this within 15 days from the date you refused.

The length of your license suspension for chemical test refusal will depend on the number of OUI violations you already have on your record. Here is a breakdown of the suspension length for a driver who is over 21 years of age.

If your license is revoked due to refusal to take a chemical test and later, you receive a not guilty verdict or if your case is dismissed, you can file a motion with the court requesting reinstatement of your license.

Once your license suspension expires or if a court approves your reinstatement request, you will still have to see a hearing officer to get your license officially reinstated.

DUI Penalties in Massachusetts

The penalties for DUI depend on whether you are a first-time offender or have multiple offenses.

Here are guidelines for the potential penalties you may face depending on the offense:

First DUI Offense

  • Jail: Up to six months in jail
  • Fines: $500 to $5,000
  • License suspension/revocation: The court may suspend your license up to one year. After three months, you can apply for a hardship license.

Second DUI Offense

  • Jail: 60 days to 2.5 years
  • Fines: $600 to $10,000
  • License suspension/revocation: The court may suspend your license for up to two years. After one year, you can apply for a hardship license.

Third DUI Offense

  • Jail: 180 days to 2.5 years, or 2.5 to 5 years in state prison
  • Fines: $1,000 to $15,000
  • License suspension/revocation: The court may suspend your license for up to eight years. After two years, you can apply for a hardship license.

Fourth DUI Offense

  • Jail: 2.5 to five years, or 2.5 to five years in state prison
  • Fines: $1,500 to $25,000
  • License suspension/revocation: The court may suspend your license for up to 10 years. After five years, you can apply for a hardship license.

Fifth or subsequent offense

  • Jail: 2.5 to five years, or 2.5 to five years in state prison
  • Fines: $2,000 to $50,000
  • License suspension/revocation: The court may suspend your license for your lifetime.

Other penalties may be added depending on your case. You may have to place an interlock ignition device in your car and also be required to complete a drug and alcohol treatment program.

This post was originally published on 3rd party site mentioned in the title of this site

Similar Posts