DUI Rights in Massachusetts – Massachusetts DUI Help
When you are arrested and charged DUI (Driving Under the Influence) in Boston, Cambridge, Worcester or anywhere else in Massachusetts, you need to begin fighting your charges as soon as possible. DUIRights.com specializes in looking at an individual’s specific circumstances, including the charges and arrest details in order to identify evidence that can help in a DUI court case. What many people may not realize is that in many DUI arrests, the offender’s rights have been violated in some way, making it easier for an attorney to build a strong defense to have the charges reduced or even dismissed.
Wet Reckless in Massachusetts
Unlike other states, Massachusetts does allow an offender to plea for a lesser charge other than Driving Under the Influence. Often, the penalties for DUI are overwhelming – penalties for first time DUI in Massachusetts includes up to 30 months in jail, a $500 to $5,000 fine and a one year license suspension – which leads offenders to seek lesser charges, even if that means pleading guilty. Massachusetts does allow plea bargaining for a charge of “wet reckless” or reckless driving where alcohol is involved.
Knowing Your DUI Rights
As mentioned earlier, many DUI arrest circumstances violate an individual’s rights in some way. By identifying which rights were violated and using that evidence against the state prosecutor’s case, it is possible for the offender’s attorney to arrange for a lesser charge or, depending on the rights that were violated, have the case dismissed altogether. In order to learn more about what occurred during the DUI arrest, your attorney may ask some or all of the following questions:
- What was the officer’s reason for conducting a traffic stop?
- Was the car being driven or in operation when the stop occurred?
- What observations did the officer make? Were they consistent with other witnesses?
- Did the officer administer proper field sobriety testing? Did any outside factors such as the weather effect the outcome of this testing?
- Was a Breathalyzer test administered? How long after your last alcohol drink was this test given?
- Did the officer recite your Miranda Rights?
The answers to these questions will give the DUI lawyer a clear picture of what happened during the arrest and what actions on behalf of law enforcement may have violated the individual’s rights. This information is critical in helping to build a strong defense, which may help the offender avoid being convicted of DUI and having to deal with the consequences of that conviction.
Protect your rights and learn how to get your Massachusetts DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.
If you rely solely on a DUI public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Massachusetts DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and representation you need to win your case.
DUI Laws in Massachusetts
When you compare DUI penalties and fines throughout the country, you would be hard pressed to find a state with legislation that is as aggressive as that of Massachusetts, especially for first time offenders. In addition, many of these penalties and fines escalate significantly for repeat offenders.
Consequences for Refusing to Take Chemical Tests
Anyone refusing to take chemical tests in Massachusetts after a DUI arrest will face an automatic license suspension:
- First offense – 180-day suspension
- Second offense – three-year suspension
- Third offense – five-year suspension
Challenging BAC Levels in Court
Massachusetts follows general guidelines for DUI BAC levels used throughout the country:
- Drivers that are 21 years or older, .08 percent
- Drivers under the age of 21, .02 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Massachusetts?
If you are arrested and charged with DUI in Massachusetts, you are going to spend significant time behind bars:
- First time offenders – up to 30 months in jail
- Second time offenders – between 30 days and 30 months in jail
- Third time offenders – between 150 days and five years in jail
- Fourth time offenders – between one year to five years in jail
- Fifth time offenders – between two years and five years in jail
There is no washout period in Massachusetts.
Monetary Fines and Penalties for DUI in Massachusetts
Maximum fines in Massachusetts are amongst the highest in the country:
- First offense – fines ranging from $500 to $5,000
- Second offense – fines ranging from $600 to $10,000
- Third offense – fines ranging from $1,000 to $15,000
- Fourth offense – fines ranging from $1,500 to $25,000
- Fifth offense – fines ranging from $2,000 to $50,000
License Suspension for DUI in Massachusetts
All those convicted of DUI in Massachusetts will have their license suspended with escalating terms for repeat offenders:
- First offense – one-year suspension
- Second offense – two-year license suspension
- Third offense – eight-year license suspension
- Fourth offense – 10-year suspension
- Fifth offense – permanent suspension
IID installation is not mandatory for first time convictions, but all repeat offenders are required to have an ignition interlock device placed on their vehicle.
Reasons to Hire a Massachusetts DUI Attorney
Penalties for OUI conviction in Massachusetts include driver license suspension, fines, and mandatory participation in alcohol education and treatment programs. Individuals convicted of DUI may also have their vehicles impounded and they face up to 30 months in jail. These consequences reveal that Massachusetts does not take OUI lightly, despite contrary reports.
When faced with losing money, the vehicle, and freedom, building a strong defense is important. Do not attempt to do this alone but instead retain a private DUI attorney. DUI lawyers are recommended over public defenders because they know and understand Massachusetts DUI laws as well as having trial experience. Public defenders are typically overworked, have only general legal knowledge, and are not eager to go to trial.
Experienced DUI attorneys have another powerful weapon: a network of professionals who are experts in their field. These individuals identify inaccuracies in blood-alcohol content testing and testify to these in court, strengthening the defense argument. DUI lawyers then use negotiation skills to get judges to reduce penalties or discharge cases.
Finding a DUI Attorney in Massachusetts
To locate the Best Massachusetts attorney specializing in DUI cases, visit the website DUIRights.com. Our team of advocates will find an experienced lawyer dedicated to defending individuals charged with OUI. Whether innocent or guilty, a defendant has a right to legal representation, so let us help you find the best lawyer in the state. The DUI attorneys we work with offer free DUI arrest evaluations that include case reviews, explanations of potential penalties, and advice regarding next steps.
Though there is no obligation to retain one of our lawyers, doing so is usually the best approach. Few defendants have enough knowledge of DUI laws to build convincing arguments. Going to court with a DUI attorney tells the prosecution that this will not be an open and shut case. The prosecutor will need to work hard to prevent the DUI attorney from introducing reasonable doubt. In many cases, the prosecutor will fail, which is the best outcome possible for a defendant.
With the possibility of having your license suspended for life, you should seriously consider fighting your DUI charges if you are arrested in Massachusetts. Even if you think this is an open and shut case, an attorney may be able find flaws in the case against you or possibly plead out the case to lesser charges. If you are arrested and charged with a DUI in Massachusetts, you can submit your case for a free evaluation and find a licensed, local DUI attorney.