A Massachusetts DUI lawyer is an attorney, barred in the State of Massachusetts, who represents clients who have been charged with Driving Under the Influence of alcohol. DUI is serious offense and although it is not categorized as a criminal offense it can have long standing ramifications to your employment, driving, finances, and education far into the future. Massachusetts classifies DUI and DWI as Operating Under Intoxication.
A OUI in the State of Massachusetts is categorized as impairment due to the consumption of alcohol of 0.08% blood alcohol content. Massachusetts law mandates that individuals under the age of 21, operating a motor vehicle, who have a blood alcohol level of 0.02% will also be arrested for OUI. Operators of commercial vehicles who have a BAC at 0.04 % can be arrested for OUI as well. Depending on your weight and gender it could take as little as 1 alcoholic beverage to put you over the 0.08 threshold. It is often the case that someone who just goes out to dinner and has a glass of wine, or two, will be pulled over and arrested for a OUI.
When this happens you will definitely need the help of a Massachusetts DUI Lawyer. Massachusetts DUI lawyers know the ins and outs of representing you in an OUI case, the strategies involved, what questions to ask, and how to investigate the matter thoroughly so that you will stay out of prison and maintain your driving privileges.
The penalties associated with an OUI in Massachusetts are:
1st offense: no less than a $500 fine or no more than $5000; not more than 2.5 years imprisonment; and revocation of your license for 1 year.
2nd offense: no less than $600 fine and no more than $10,000; not less than 60 days and no more than 2.5 years imprisonment; a license suspension of 2 years and the installation, at the owners expense, of a interlock device.
3rd offense: no less than $1,000 fine and no more than $15,000; mandatory 60 days imprisonment not to exceed 5 years which will be served in a State penetentiary; a suspension of your license for 8 years; Massachusetts has the right to seize your vehicle.
For a first and second offense in the State of Massachusetts an individual has the right to plead guilty in order to receive a lighter sentence. The sentencing is still quite strict and it is best to consult your Massachusetts DUI lawyer before making any of these decisions.
Why do I need a Massachusetts DUI lawyer?
If you, or someone you know, have been arrested for Driving Under the Influence then it is imperative that they contact a Massachusetts DUI lawyer immediately. Driving Under the Influence of alcohol has a stigma attached to it unlike most any other violation, even some felonies. Hiring a Massachusetts DUI lawyer will not only keep you out of jail and keep your driving privileges but a Massachusetts DUI lawyer can make it so you don’t have to be shamed by a DUI charge, pay higher insurance premiums or risk losing employment or education opportunities.
There are many different ways that a Massachusetts DUI lawyer can help you in attacking your DUI charge. The Massachusetts DUI lawyer will be able to get the records for calibration of the machine, argue the invalidity of testing, illegal searches and stops, studies proving the invalidity of breathalyzers, and arguing the disciplinary record of the police officer who conducted the arrest.
Some Massachusetts DUI lawyers will tell you that you should always refuse a breath test. Although this is something that you will want to discuss with a Massachusetts DUI lawyer; refusing to take a breathalyzer test is considered an assumption of DUI and you will be arrested. On the other hand, if refuse to take a breathalyzer test then there will be no evidence of your intoxication other than police reports, video from the police department, results of field sobriety and the testimony of the police officers. Refusal to take a breathalyzer or field sobriety test cannot be used against you in court by law; it is deemed to be a violation of your 5th amendment right against self-incrimination and the prosecution may not use your failure to perform the test as a showing of guilt in the same way that he, or she, may not deem your failure to testify in your own trial as an assumption of guilt. Your Massachusetts DUI lawyer will know have the best answers to determine what the best route is.
If you are, in fact, driving under the influence of alcohol a Massachusetts DUI lawyer will be in the best position to help you plead down your penalties. The penalties associated with fines, imprisonment, and revocation of licenses are a “not more than” standard. This means that you can not be penalized for more than the designated period of time but the penalty can be anywhere below that. Your Massachusetts DUI lawyer will be able to argue on your behalf to get penalties reduced so that you can drive to work, stay out of prison, or even get license suspensions reduced. Your Massachusetts DUI lawyer will also go over your options and determine whether it in your best interest to plead guilty and take advantage of the lesser penalties that Massachusetts law affords individuals who wish to avoid the government, and the taxpayers, the expense of prosecuting your charge.
Where do I find Massachusetts DUI lawyers?
If you live in Massachusetts, or your offense has taken place in Massachusetts, and you need a Massachusetts DUI lawyer there are many routes you can take. Almost all law firms have websites that can be easily accessed through a rudimentary internet search. These websites will often give detailed descriptions of the Massachusetts DUI lawyer’s education, certificates, areas of practice, and results that they have attained through representing clients charged with DUI. However, these websites are “advertisements” in that they are designed to best represent the lawyer and should not be taken completely by their word.
If you feel that the search for a Massachusetts DUI lawyer is overwhelming, or you don’t have the time to make a detailed search then you may want to take advantage of a referral service. The Massachusetts Bar Association operates a referral service at www.massbar.org. The service is free to use and can be very helpful in retaining a Massachusetts DUI lawyer. When accessing the referral service you will be prompted to input data into the required fields. Once that is done someone from the Massachusetts Bar Association will contact you to refer you to a Massachusetts DUI lawyer in your area that will be helpful. There is no cost for the referral but the Massachusetts DUI lawyer that you are referred to may charge $25 for a half hour consultation. After the consultation it is up to you and the Massachusetts DUI lawyer to decide upon the details of representation. The Massachusetts DUI lawyer is under no obligation to take on your case and you are under no obligation to retain the Massachusetts DUI lawyer.
Laws.com also has a valuable referral service. By going to the top of this page and clicking on the “find a lawyer” link you will be able to access the laws.com referral service. By inputting your name, location, contact information, and a brief description of your legal problem laws.com will be able to put you in touch with Massachusetts DUI lawyers in you area that will help you fight your DUI charge.
