DUI (Driving Under the Influence), OUI (Operating
Under the Influence), and DWI (Driving While
Intoxicated or Driving While Impaired) are all terms
used to describe drunk driving charges in the state of
Massachusetts.
One of the DUI LAWS Member Attorneys is available
to help right now.
Click HERE to find one near you.
Massachusetts does have a "per
se" law, meaning that it is illegal to drive with
a
blood alcohol level that is .08% or higher for
drivers over the age of 21. For those under 21, the
limit is .02%.
Massachusetts DUI or OUI trials are to juries of
six, or to a judge, if the accused waives his or her
right to a jury trial.
Massachusetts DUI or OUI arrests will usually
include a request to take a both roadside
field
sobriety tests and a
breath test. Since a refusal to
take the field sobriety tests cannot be introduced in
court as consciousness of guilt, the wiser course is
to refuse them. Likewise, since refusal to take the
breath test cannot be introduced in court, most
experienced OUI lawyers in this state advice against
taking the chemical test.
However, there is a possible
Driver's License
consequence: if the accused refuses the breath test,
they can lose their license for a minimum of 180 days.
An OUI conviction plea of "guilty" or admission to
sufficient facts will be a permanent part of your
driving record. It does not "come off" your record
after 5 years…it never comes off your record.
Moreover, a conviction, guilty plea or admission to
sufficient facts plea is reported to the Massachusetts
Registry of Motor Vehicles, which in turn, reports it
to the National Driver's License Registry. These
computer records are accessible to driver's licensing
agencies nationwide.
Any non-resident driver's home state driver's license
agency (RMV, DMV, DPS, etc.) will in all
likelihood receive a notice from the Massachusetts
Registry of Motor Vehicles if any license suspension
or case disposition (conviction or admission to
sufficient facts) occurs in Massachusetts and the
non-resident license is involved. In almost all cases
an admission to sufficient facts plea, guilty plea or
guilty verdict in a criminal case for OUI in the state
of Massachusetts will cause a suspension to occur in
the non-resident's home state. A "not guilty" or other
non-OUI disposition of the case will prevent such
consequences.
Click on the county link below to locate a DWI/DUI
lawyer in your area. |
