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DUI in Massachusetts

DWI in Massachusetts

In the state of Massachusetts, any driver with a blood-alcohol concentration (BAC) at or above a level of .08% is intoxicated in the eyes of the law, and no additional proof is necessary.

Operating Under the Influence (OUI), Driving Under the Influence (DUI), and Driving While Intoxicated or Impaired (DWI) are the terms that are used to describe drunk driving charges in the state of Massachusetts.

The “Zero Tolerance” blood-alcohol concentration (BAC) level is .02% and pertains to those drivers under the age of 21.

If any driver found to have a blood-alcohol concentration (BAC) level between .15% and .20% (or higher) will face enhanced fines, longer jail time and driver's license suspension longer than usual.

In the state of Massachusetts, the “Implied Consent Law” is in place. If you possess a driver's license, you are required to submit to any sobriety test requested by the arresting officer. If any test is refused, the court will see this as an admission of automatic guilt and you face a mandatory suspension of your driver's license, usually for six months to one year.

The Department of Motor Vehicles (DMV) carries out administrative license suspension/revocation, and it will be one year for a first time offense. It rises to 2 years for a second offense and drastically increases to 8 years for a third offense. Driver's license suspension is handled by the Department of Motor Vehicles and is separate from the criminal case against the accused drunk driver. 

Mandatory Alcohol Education and Treatment/Assessment are required on all OUI/DUI/DWI convictions. An ignition Interlock Device may also be a requirement of the court or the vehicle may be confiscated. Community service will also be imposed.

Once convicted of an OUI/DUI/DWI in the state of Massachusetts, the charge remains on your driving record for life. It does not “come off” of your driving record after 5 or 10 years like some states. This means that you could face much higher insurance rates or insurance denials for the rest of your life. A conviction also mean tougher times in getting employment, embarrassment and stress on the family, lose of driving privileges, possible lose of your freedom, etc.

OUI, DUI, DWI areas of the law change constantly. They are very complicated areas of law and you need someone that can represent you in court that knows the law inside and out. And, someone that knows the court process and can handle your case with the utmost of care and competence. Remember, you must be “proved guilty beyond a reasonable doubt”.

The DUI laws in Massachusetts can be complex and difficult to understand. You need proper representation to ensure that your rights are protected. Only an experienced and qualified lawyer that specializes in DUI law can make a difference on the potential outcome of your case. Contact us immediately. We will go to work for you fighting your DUI or DWI charge.

"Repeat offender" status for OUI / DUI cases is determined in Massachusetts based upon a lifetime "look back" period. This status is commonly used for purposes of increased mandatory minimum punishment and penalties. A bad record can come back to haunt a person facing a current OUI charge.