A police officer is free to ask anyone—whether you’re in the driver’s seat, passenger seat, or just loitering near a vehicle—to take a breath test. This doesn’t mean you are required to take it, or that the results of such a test would be usable against you in court. There’s a strong argument to be […]
Do You Have to Take a Breathalyzer Test If Not Driving? Read More »
Failing a breathalyzer test can be a scary moment. Don’t panic. A failed breathalyzer test presents an obstacle in your DUI case, but the existence of the test alone is not proof of your guilt. It will, however, result in several immediate penalties, including:
What a Failed Breathalyzer Test Means for Your DUI Case in MA Read More »
We frequently hear from individuals who have prior DUI / OUI convictions on their permanent record, and are seeking a way to have them removed. Is it possible? In short, the answer is that this is not easy or likely in most cases. But can a DUI be expunged at all in the state of
Can a DUI Be Expunged in Massachusetts? Read More »
Q: How Long Does a DUI Stay on Your Record in Massachusetts? A: Individual state laws always determine the length of time that a DUI stays on your record. However, the first thing to understand is that you actually have two individual records where a conviction for DUI will be recorded: your driving record and
How Long Does a DUI Stay on Your Record in Massachusetts? Read More »
If you’ve recently received a notice like this in the mail, you may have questions about its legitimacy or what it might mean for your previous criminal OUI case. First of all, YES, this is an authentic notice from the court system of Massachusetts. It was sent to let you know that you may be
Have You Received This Massachusetts Breathalyzer Notice? Don’t Wait. Read More »
Ignition Interlock Devices, or “IIDs,” are essentially personal breathalyzer devices that are intended to prevent a drunk individual from starting a car. An IID is temporarily installed in the motor vehicles of many people recently convicted of OUI so as to require the driver to pass a breath test of their Blood Alcohol Content (BAC)
Ignition Interlock Device Laws in Massachusetts: Who Must Use an IID? Read More »
It’s well-known that Massachusetts OUI penalties already stand among the tougher sets of consequences in the nation, with the highest maximum potential jail time for first offenders among all U.S. states. The penalties for a first offense OUI in Massachusetts could potentially include:
Massachusetts OUI Penalties Are Changing For First Offenders Read More »
The ongoing pandemic has affected nearly every facet of life, including court processes and OUI charges. Navigating an OUI charge in Massachusetts is complicated already, but new COVID protocols can make it even more difficult to manage it on your own. Here is what happens when you get a DUI during COVID, and how an
What Happens When You Get a DUI in Massachusetts During COVID? Read More »
Massachusetts OUI law is very clear on the status of third offenses. Unlike first and second offenses, there is no possible chance of receiving a lenient alternative 24D disposition—even if your first or second convictions are decades old, out of state, or were resolved with a CWOF (Continuance Without a Finding).
How to Defend a Third Offense Under Massachusetts OUI Law Read More »
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