In Massachusetts, drunk driving is described as DUI (Driving under the influence), OWI (Operating under influence) and DWI (Driving while intoxicated). A DUI charge is one that directly goes to a person’s criminal record and might create complications in his/her daily life affairs, that is why the court suggest you hire a DUI attorney not a criminal defense lawyer.
Massachusetts has adopted the ‘per se law’ system under which the legal BAC (Blood alcohol concentration) limit is 0.08% for non-commercial drivers and a ‘zero tolerance law’, and a BAC limit of 0.02% for minors. Anyone exceeding these limits will have to face the severe and far-reaching penalties set by the state.
Arrests in Massachusetts are made by the law enforcing officers who upon request can carry out tests like FST’s (field sobriety tests) or BAC tests to determine the level of intoxication. BAC tests are determined by blood, breath or urine. A refusal to a BAC test will not be held as guilt in trial at court, but the refusal can result in license suspension for a minimum of 180 days.
A DUI attorney in the state of Massachusetts may be expensive but the cost will be worth it since the law against drunk driving has become very strict in the passing years.
The trial is done before a jury that must be convinced that the chemical test or a BAC test was conducted properly.
Only a DUI attorney who has experience can turn the jury against the findings. The courts have extreme power for sentencing, and penalties can be spread out for a longtime. They may, for example, include jail time for not more than two or two and a half years and fines ranging from $500-$5000, license suspension for one year, all at just the first DUI offence.