DUI Attorney Joseph J Higgins Blog

First and second-offense DUIs are misdemeanors in the state of Massachusetts, with some exceptions. Subsequent offenses are considered a felony DUI.

Ignition interlock devices are used in Massachusetts and throughout the country to prevent individuals with a history of DUI from driving while intoxicated.  It does not matter how long ago your DUI conviction was. Even if your DUIs occurred thirty years apart, you will still have to install an ignition interlock device.

You are not required to have a lawyer represent you in court if you are facing DUI charges, but it is highly recommended. You should at least consider having a lawyer look at your case.

Under Massachusetts law, the police must read you your Miranda rights before they subject you to “custodial interrogation.” Incriminating statements are not admissible in court if you were not read your Miranda rights before being interrogated while in custody.

Laws regarding fatigued driving vary state by state, however. Some states, like New Jersey, consider an individual who operates a motor vehicle after not having slept for 24 hours to be a “reckless” driver.