- driving under the influence(DUI),
- operating under the influence(OUI), and
- driving while intoxicated(DWI)
are all synonymous phrases for drunk driving.
Jury Trials For OUI Offenses
If you are charged with driving under the influence in Massachusetts you will be held accountable in front of a jury of your peers or if you prefer a judge. They will determine your guilt or innocents.
Field Sobriety Test And Breathalyzer
When you are stopped for drunk driving in Massachusetts you will be asked to take a field sobriety test and a Breathalyzer test to determine your ability to operate a vehicle. If you refusal to take both test this cannot be used against in open court.
Consequences For Refusal
But, there are consequences for not taking the tests you may have your driving privileges revoked for no less than six months.
Blood Alcohol Levels
In Massachusetts if your blood alcohol level is tested and determined to be .08 percent or more will usually be found guilty of drunk driving unless your attorney can convince the court that there was something improper about the test.
If you have any prior convictions or guilty pleas for DUI on your record you will be considered a repeat offender. Your record will be reviewed for a lifetime and anything found relating to drunk driving will count against you for sentencing purposes.
Penalties Associated With Drinking And Driving In Massachusetts.
The following punishments are the penalty guidelines for the state of Massachusetts for a first offense of DUI.
- Jail time: from 1 day to 2 years 6 months incarceration
- Monetary: fines from $500-$5,000
- Driving privilege: Revoked for 1 year
- Probation: with obligatory time spent in a alcohol reeducation program at your cost
Penalties increase significantly with repeat offenses even out of state offenses will be considered to determine repeat offenders.
Additional monetary fines for reinstatement of driving privileges are as follows;
- 1st Operating Under the Influence Offense $300.00
- 2nd Operating Under the Influence Offense $500.00
- 3rd Operating Under the Influence Offense $1,000.00
Your license may also be revoked by the RMV this procedure is separate from any criminal court processes like what is outlined above.
The first time you are charged with operating under the influence and you, take the BAC test and fail you may have your suspension lowered to 30 days from 90 day. But if you do not take the BAC test it will be increased to 180 days for the first operating under the influence charge.
Underage and Refusals
If you are under 21 or have prior convictions and you do not take the BAC test the suspension is automatically 365 days.
OUI is a very serious charge so it is best that you have a Massachusetts OUI lawyer represents you as soon as possible.
Originally posted 2016-12-11 14:46:43.