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Probation Violations in Mass. DUI Cases

Massachusetts Registry News

Because convictions of certain offenses trigger license suspensions in Massachusetts and because in some cases a DUI case which was continued without a finding (CWOF’ed) and dismissed, may not count towards breathalyzer refusal suspensions, violating probation and having a case which was CWOF’ed converted to a guilty finding may result in the revocation of your driver’s license. Likewise, if you had a DUI case continued without a finding pursuant to G.L. c. 90 Section 24D and you received only a 45 to 90 day license suspension instead of a 1 or 2 year DUI license suspension, a probation violation which results in a guilty finding will disqualify you from the reduced license suspension and it will allow the Registry to suspend your license either 1 or 2 years, depending on whether you had a prior DUI conviction.

To avoid a probation violation, you should be careful to abide by all terms and conditions of probation. For example, if you commit new crimes while on probation, you may have committed a violation. Likewise, those placed on probation are usually required to maintain employment, be of good behavior, pay required fees, fines, and costs, and report to a probation officer either in person or in writing. Failing to do these things may trigger a violation of probation.

If you are on probation for drug offenses, you may be required to report for random drug testing. If you do not report or if you test positive for drugs, you will likely be found to have violated probation and a guilty finding may enter in place of your continuance without a finding.

If you are on probation for DUI, you will likely be required to attend and complete an alcohol treatment program such as the Boston ASAP 24D Program or the DUIL 2nd offender program in Tewksbury, Massachusetts. Failure to complete the required alcohol program will likely trigger a probation violation. Also, as a condition of probation, you are likely required to refrain from consuming alcohol. If you are found to have consumed any alcohol in violation of your terms and conditions, you will likely be found in violation and disqualified from treatment as a DUI “first offender” or “second chance first offender.”

For the reason set forth above, it is critically important to observe all terms and conditions of probation in order to avoid the suspension or revocation of your driver’s license. If your license is suspended or revoked due to a probation violation, the same facts which triggered the violation may disqualify you from being considered for a hardship license. For example, the Registry’s Board of Appeals will not likely grant anyone a DUI hardship license if the applicant has recently consumed alcohol or dropped out of an assigned alcohol program. Likewise, someone who got re-arrested after having committed a DUI or drug violation is not likely to get favorable hardship license consideration. Therefore, maintaining compliance with all terms and conditions of probation is extremely important.

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