According to the drunk driving laws in Massachusetts, you can be arrested for operating under the influence, (sometimes referred to as a Massachusetts DUI) based on per se laws. This means that if you are pulled over for suspicion of OUI, you will be asked to submit to a blood, breath, or urine blood alcohol content (BAC) test. If your results are .08% or higher, you will be charged with OUI.DUI Arrests in California
When you are pulled over for suspicion of drunk driving, you will be asked to submit to a BAC test. You have the right to refuse this test. Under state law, this fact is not admissible as proof of guilt in court. Instead, the prosecution will have to prove that your driving was impaired based on how well you were driving at the time of the arrest. Because this can be hard to prove, many OUI lawyers will recommend that you do not take the blood, breath, or urine test after your arrest.
Your arrest will spark a court hearing, which is held in front of a jury of six people. If you prefer, you can waive this right and have a trial with just a judge. It is important to talk to a lawyer before you make this decision, as a lawyer will be able to help you decide which option is the best for your situation. Another reason why it is so important to be represented by a lawyer when facing a Massachusetts OUI case is the fact that an OUI conviction in this state stays on your record for life. Many states have laws that allow these convictions to not be considered a part of a driver's record after a certain amount of time, but in Massachusetts, they will always be on your record.Basic Consequences for First Time Offenders
If you are convicted of your first Massachusetts OUI offense, you can expect to face the following consequences:
If you are convicted of subsequent offenses, you can expect to face stricter consequences.License Suspension for Massachusetts OUI
Besides paying fines and facing jail time, an OUI conviction in Massachusetts also results in a loss of the privilege to drive. If you refuse to take the BAC test, you will face a license suspension of at least 180 days. The maximum amounts of time you could face for license suspension are as follows:
Your license suspension time could be less. The minimum for a first offense is 30 days after your trial. You could be offered a hardship license to allow you to travel to and from work or school after you have served a portion of your suspension time. Having a lawyer working with you through your case will help you get the least possible suspension time.Insurance Consequences
You will also face consequences with your insurance company after a Massachusetts OUI conviction. Either your insurance premium will increase dramatically after your conviction, or your insurance company may choose to drop your coverage. If you are dropped, you will find that other insurance companies are hesitant to take on your policy because of your OUI conviction.