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Danvers Drunk Driving Lawyers

1. Reade & Reade: Massachusetts DUI/OUI Laws: Operating a motor vehicle under the influence of alcohol and/or drugs (legal or illegal) is purely a political crime in all states. The legislators, judges, district attorneys, and the police officers are all trying to appear tough on drunk drivers, in light of the lobbying efforts of organizations such as MADD. There is no victim, unless, of course, the subject incident involves an injury or death to another person. More than any other crime, the constitutional rights of the accused drunk driver stand to be violated with alarming frequency. This is why our initial analysis or your case will explore possible constitutional violations committed by the police. Driving after the consumption of alcohol is not a crime. A crime is only committed if you are: 1) operating a motor vehicle, 2) on a public way, 3) under the influence. If the state fails to prove any one of these elements beyond a reasonable doubt, then the case will result in a dismissal or acquittal. In June of 2003, Massachusetts created a second category of operating under the influence, such that a conviction may be obtained if it is shown through chemical analysis that the driver had a blood-alcohol content of .08% or greater. To ÒencourageÓ your submission to chemical analysis, either through breath testing or blood testing, Massachusetts triggers an automatic license suspension if a suspect refuses to submit to a chemical test. But a breath-test of .08% or greater is not an automatic conviction, as many believe. Our pre-trial investigation can discover information about the machine or the person who used the machine that could render the results of such testing as being highly doubtful, if not invalid. This is why it is important you contact us as soon as possible, so that we have the time needed to aggressively conduct discovery in your case before trial. Penalties and License Suspensions: What follows are the civil, criminal, and license penalties for a guilty plea or conviction, though in our experience it is very rare that incarceration will result from an OUI conviction unless it is coupled with aggravating circumstances or other charges (such as vehicular homicide). First Offense: Penalties for the first conviction can include incarceration for up to 2 1/2 years, fines of $500-$5,000. License suspension for 1 year, work/education hardship considered in 6 months, general hardship in 9 months. Alternatively, 1 year probation with participation in drug/alcohol education program. License suspended for 45 to 90 days (210 days under 21 years of age), with a hardship license for work or education once intake is completed for the the first offenders program. Second Offense: Penalties for the second conviction can include incarceration of not less than 60 days and up to 2 1/2 years, fines of $600-$10,000. License suspended for 2 years, with possible work/school hardship exceptions considered after 1 year, general hardship in 18 months. Alternatively, 2 years probation, with 14 day confined treatment program. License suspended for 2 years, work/education hardship in 6 months, general hardship in 1 year, so long as other RMV requirements are met. Third Offense (Felony): Penalties for the third offense can include incarceration of not less than 180 days and up to 5 years in state prison, which may be served in a correctional facility or treatment program, fines of $1,000-$15,000. License suspended for 8 years, with possible work/school hardship exception after 2 years, general hardship in 4 years. Fourth Offense (Felony): Penalties for the fourth offense can include incarceration of not less then 2 years and not more than 5 years, fines of $1,500-$25,000. License suspended for 10 years, with possible work/school hardship exception after 5 years, general hardship in 8 years. Fifth Offense (Felony): Penalties for the fifth offense can include incarceration of not less than 2 1/2 years and not more than 5 years, fines of $2,000-$50,000. and license revocation with no possibility of hardship exception. The Chemical Test and Your License: For those over 21 years of age, the refusal of a chemical test results in the automatic suspension of your drivers license, as follows: First Offense: 180 Days Second Offense: 3 Years Third Offense: 5 Years Fourth or Subsequent Offense: Lifetime Your license can be reinstated if you obtain a dismissal or an acquittal on the charges. If you submit to a chemical test, a .08% or higher blood-alcohol content results in an immediate 30-day license suspension, or until the case results in a plea, conviction, or dismissal, whichever occurs first, regardless of your age or if its a subsequent charge. For those under 21 years of age, a chemical test refusal results in a suspension of 3 years. A finding of guilty or continued without a finding results in a suspension of 210 days (if over 18). If you submit to a chemical test and the result is between .02% and .06%, you must be released from custody but your license will be suspended.
2. Chambers & Booth: Massachusetts has some of the toughest drunk driving laws in the nation. In July, 2003 the Commonwealth lowered its legal blood alcohol level to .08, increased the penalties for drunk driving offenses and stepped up enforcement on the roadways. Even then, many first-time offenders were still able to receive an "alternative dispositionÓ (mandatory drug or alcohol education programs) that allowed them to keep their license and reduce the consequences of a conviction. On October 28, 2005, Melanie's Law was enacted creating strict minimum sentences for 1st, 2nd and 3rd time oui / dwi offenders. No longer are individuals able to appear in court and receive a less severe sentence for a first or simple OUI offense. If you have been charged with drunk driving / OUI / DWI you face a serious criminal charge. It is absolutely critical that you have an experienced and effective attorney fighting for your rights and for your license. What You Should Do If Law Enforcement Stops or Arrests You. In Massachusetts, prosecutors take OUI charges very seriously and they have multiple ways to prove their case against you. A state prosecutor can (1) show proof that your blood alcohol level exceeded the legal limit or (2) he or she can show that you were impaired while driving.