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Always on Your Side in Massachusetts
A Massachusetts DUI charge is a serious matter that cannot be taken lightly. Massachusetts DUI laws are particularly complex and require a keen understanding of the breadth and scope of the legal system and how it works. At The Law Office of Brian Simoneau, P.C., we believe in giving our full attention to our clients. We build strong relationships from the day of hire. Call us for your detailed case evaluations at 508-665-2995.
What is the Massachusetts DUI Law?
Massachusetts DUI law prohibits drivers from operating a vehicle if they are under the influence or above the restricted limits. The law’s definitions are essential because they are fundamental to what makes Massachusetts’s DUI law so complex.
What Are the Charges Associated with Massachusetts’s DUI Laws?
Drivers pulled over for DUI violations are typically charged with two crimes.
- They are charged with “being under the influence.” This charge requires the prosecution to prove the driver could not operate the vehicle safely. They must be able to show the driver’s ability was impaired to a noticeable degree by alcohol or drugs. Remember that prescription drugs are still considered drugs, not only illicit substances.
- Additionally, if the driver took a breath, blood, or urine test that indicated intoxication or that they had substances in their system about the acceptable level, they will be charged with a second offense: “operating with a prohibited level of alcohol or drugs.”
How Do I Prove I Wasn’t Intoxicated?
The good news is that you don’t have to. In DUI cases, the burden of proof is on the prosecutor. The prosecution can attempt to prove both charges, but the individual can only be sentenced to one. In cases where the individual has refused to take the test, police will sometimes file additional DUI refusal charges, which can complicate prosecution. However, if convicted, the penalties for an individual who has refused a DUI test are also much more severe, so it isn’t necessarily worth the risk.
What is Probable Cause?
Law enforcement officers must have a good reason for stopping and detaining drivers. They must have a reasonable justification for their belief that the law is being broken. This means that if law enforcement officers observe you violating any law (such as failure to signal a turn or a broken taillight), they have the justification to stop your vehicle. If they then observe signs of intoxication, they can and likely will detain you, and you will be asked to take a Field Sobriety Test.
What are the Standard Field Sobriety Tests Administered During DUI Stops?
Currently, three field sobriety tests are used to determine the sobriety of drivers suspected of DUIs in Massachusetts. They are the Horizontal Nystagmus Gaze Test (HGN), the Walk and Turn Test, and the One-Leg Stand Test. The officer must substantially comply with specific instructions when administering these tests to drivers.
Some police departments can also give breathalyzer tests on the scene, so drivers may be asked to do that. However, these portable breathalyzer test results are not accurate enough to be considered admissible evidence in court. They are only used to assist law enforcement in determining whether or not intoxication exists. A skilled DUI attorney can and should be able to challenge the results of such a test.
Can I Refuse to Take the Field Sobriety Tests?
While it will make the officers unhappy, there is no penalty for refusing the field sobriety tests or the portable breathalyzer. There are specific requirements regarding using these tests as proof and what makes them admissible. You must obtain the assistance of an experienced DUI attorney. At The Law Office of Brian Simoneau, P.C., a DUI attorney and paralegal will be assigned to your case and available to answer any questions. We are here for you.
What are the Standard Penalties for a DUI in Massachusetts?
Massachusetts has severe penalties for DUI drivers. These are charges that judges take very seriously. They are as follows:
- First offense: Jail: Up to 2.5 years, $500-$5,000 fine, 1-year license suspension, may apply for a hardship license after 1 year
- Second Offense: Jail:60 days to 2.5 years, $600-$10,000 fine, License suspended for 2 years. May petition for a hardship license after 1 year
- Third Offense: Jail: 180 days -2.5 years in jail, or 2.5- 5 years in state prison, $1,000-$15,000 fine, License suspended 8 years. May apply for a hardship license after 2 years
What is a Hardship License?
In unique circumstances, the judge may grant you a hardship license. This is a limited driver’s license with stringent regulations. You are only permitted to use it for the purpose granted (usually to allow you to travel to and from work or school.) You must complete drug and alcohol abuse treatment before applying for a hardship license. Your DUI lawyer can address any questions about hardship licenses and how to apply.
When Should I Contact a DUI Lawyer?
An arrest is always frightening. It may feel like doors are closing all around you, but hope remains. With a skilled and knowledgeable DUI lawyer from The Law Office of Brian Simoneau, P.C. on your side, you can avoid conviction or reduce the penalties. Don’t let one mistake define your life. Call 508-665-2995 to schedule your free strategy session today.
