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MassDUI Home page
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Drunk Driving Laws and Penalties
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Second Offense Penalties
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Should I fight my DUI arrest at trial?
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happens after if I plead guilty to an OUI charge in MA?
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Mistakes people make in Massachusetts DUI cases
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Mistakes lawyers make in OUI cases
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The first few minutes of your Stop
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Police Mistakes in DWI Arrests |
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Frequently asked questions about MA DUI cases.
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The legal limit for alcohol according to Massachusetts State Law
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A BrAC is not the same thing as a BAC
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Information about Massachusetts Criminal Defense Lawyer Russell Matson
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General information about Massachusetts field sobriety tests
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Frequently
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Locations around the state for required 1st and 2nd offender alcohol education programs.
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| Welcome to
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Frequently Asked Questions About Massachusetts DUI Laws, part
2
(Back to
Page 1
of the FAQ.)
Massachusetts DUI Law Frequently
Asked Questions (FAQ)
If I plead guilty to a DUI in Massachusetts, what kind of
penalties am I facing?
For a First (1st) Offense OUI plea, I can usually get
the DA to agree to the minimum penalty allowed by law, which is a
Continuation without a Finding (CWOF) agreement, a mandatory 16 week
Alcohol Education Program (2 hours, once a week), a 12 month
unsupervised probation, and a number of fines, I have a full page
of information about pleading guilty
here. In the case of a Second (2nd) Offense OUI plea, you'll be
required to enter a 2 week inpatient alcohol program. If you are facing
a 3rd offense, there is a mandatory 5 month jail term. I have a full
list of potential
OUI
Penalties. In the case of multiple offenses (third of more),
it makes sense to try to
beat the charges at
trial,
unless the DA is willing to offer you a 2nd offense plea deal, which
isn't likely unless they have a very weak case.
How do I decide if I should try to fight my Mass DUI arrest?
There are a lot of factors to weigh. Consult with your
attorney to consider the pros and cons and how they apply to your situation,
and read up on the details of a Massachusetts
OUI plea agreement, as well as what happens if you
fight
the case.
I failed my breathalyzer test. Can I still fight
and win a DUI trial?
Yes, we can although the case may be more difficult. The
Massachusetts Supreme Judicial court recently ruled that breath test
evidence
does not require expert testimony to establish the validity of the
testing, which was a disappointing ruling. However, there are still
options that are available, not the least of which is giving the
prosecution every opportunity to screw up their evidentiary procedures
so the breathalyzer evidence will be excluded. This happens more often
than you might think, and a good defense lawyer like myself will know
how to capitalize on any such errors, where an inexperienced attorney
might not challenge the DA. In some cases, we may need to
get a breath test machine expert to analyze the machines logs and find
some errors in the machine, maintenance, or police procedures. This area
of Massachusetts DUI defense can be particularly tricky, call me to
discuss the details of your situation.
What should I look for in hiring a lawyer to defend me?
The most important thing is for your OUI defense
lawyer to have the right experience. Experience in criminal defense.
Experience with lots and lots of OUI cases. Ask him or her how many OUI
cases they defend each year, and what percentage of their business is
OUI defense.
Some defense lawyers claim that it is important to be
a former prosecutor, but I disagree. Being a prosecutor is very
different than being a defense lawyer. The prosecutor has a presumption
of respectability, the presumption of being on the side of the law. The
prosecuting DA also has the vast resources of the government on his
side, and has an army of police officers to do his investigative work.
Defense
lawyers, on the other hand, are not instantly regarded with respect by a
jury. A good defense lawyer needs to win the jury over, be likeable, and
convince the jury that his client is a good person just like them. He
must tell a story where each jury member can consider what it would be
like to be in the shoes of the defendant. These skills require specific
experience to hone. In addition to defense jury
skills, the attorney must know Massachusetts OUI laws backwards and
forwards to afford the defendant every advantage. Ask good questions
about any prospective attorneys MA OUI experience, how they stay current
on OUI law, defense techniques, and what kind of specific training they
have had. For example, here are some details on my
OUI
and legal training.
Can I get my previous OUI conviction expunged from the record or sealed?
It is possible, but not easy. You'll need to speak
with a lawyer who has a lot of direct experience with expungement. In
most cases, the conviction with have to be at least ten years old.
As far as having your record sealed, that is also
possible, but not usually a good idea. If you have your record sealed,
it will show up has having been sealed. Having a sealed record may make
people thing there is something far worse there than an OUI conviction!
I have an old, out of state DUI conviction. Does that count as a prior OUI offense in Massachusetts?
Yes. However, it's possible the state and DA prosecuting
the case may not be aware of it, or may not be able to prove it. Records
in these matters are often incomplete.
If they offer you a deal on a first offense, they
can't come back later to determine that they should have charged you
with a second. But if you are arrested again in the future, is still
possible that old priors can come back to haunt you. I've had clients
with two previous "1st offense" convictions, who've faced a
third offense (and mandatory jail time).
The Officer said I failed my field sobriety test, but I
have a medical condition that affected my balance. Can that help me fight the
OUI charge?
Absolutely. I will subpoena any medical records you
have that show a condition that could have been a factor in the test.
There are many physical conditions that can affect your balance, as well
as medication you may take, and past and chronic injuries to your back,
legs, knees, or feet. Any of these factors makes you a bad candidate for
field sobriety tests and can seriously discount claims and evidence that
you were impaired by alcohol, which lead to your OUI arrest.
I was arrested in Massachusetts for a DUI / DWI, but I
live out of state. What do I need to know?
You'll have to face the charges here in Massachusetts,
and you'll need to have a Massachusetts lawyer represent you. I'm sure
it can be difficult to get here, especially for multiple court dates,
but it will be necessary in most cases. As far as license suspension considerations,
if you have an out of state license, a suspension in Massachusetts will
affect your drivers license, although official notification is sometimes
imperfect. Call me for details.
I've represented clients in Mass DWI cases who live in
New Hampshire, Rhode Island, Maine, Connecticut, New York, Vermont, New
Jersey, Florida, and many other states.
If you've got an old Massachusetts DUI/DWI charge that
was never resolved, I can help you clear it up with the courts and get
your license back.
I have a DUI charge in another state. Is my Massachusetts License suspended?
Probably, yes. As an administrative body, the Massachusetts Registry of
Motor Vehicles generally treats drunk driving/DUI charges in other states
the same as they would if you were arrested and charged in Massachusetts.
So if you refuse an out of state breath test, you'd be facing a
suspension. If you have been convicted, you will also generally face a
suspension, and will have to complete the equivalent steps to be eligible
for either license reinstatement or a hardship license. This may include
alcohol education classes, or an
interlock device for a second offense.
How much is the license reinstatement fee from the Massachusetts Registry of
Motor Vehicles (RMV)?
The fees to get your license back after an OUI are:
- First Offense $300.00
- Second Offense $500.00
- Third Offense $1,000.00
Note that in a 2nd or 3rd offense license reinstatement, as
of 1/1/06 you are required to get a ignition interlock
breath device on your car for 2 years or more, which
will add significant additional fees and hassle to your life.
This is true even if your OUI happened well before Melanie's Law
was instituted. Unfortunately, the Registry is interpreting the
law that anyone who is trying to get their license reinstated
after an OUI suspension must comply with this new law.
What is a Dangerousness Hearing?
A dangerousness hearing occasionally happens in
Massachusetts felony OUI cases (3rd offense or greater),
particularly if there is an accident or other serious circumstances.
It is a type of bail hearing where the DA argues that the
defendant should be held in jail without bail until the case is
resolved on the grounds that the defendant is a "danger to society".
Unfortunately, you will usually be held in jail until the issue is
resolved.
The legal standard for establishing dangerousness is unspecific,
and the decision usually just depends on the opinion of the judge.
Call Russell Matson's cell phone to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730.
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If you are charged with DUI/OUI in Massachusetts, call me now
for a free consultation at (781)380-7730 or
here.
Don't delay, I can help you!
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For a free legal consultation on your Mass DUI/OUI charge from Attorney Russell Matson, please fill out the form below:
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