DUI / OUI

DRINKING AND DRIVING LAW IN MASSACHUSETTS

SUMMARY OF MASSACHUSETTS DRUNK DRIVING LAW

In the Commonwealth of Massachusetts it is illegal to drive a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. This limit is lower for drivers under the age of 21 and drivers of commercial vehicles. In Massachusetts, a DUI or DWI is called an OUI, or “Operating Under the “Influence”. Massachusetts also has what is known as “Melanie’s Law”. This law was enacted in 2005 and increases the penalties to the drunk driving law in Massachusetts. Drivers who hold a commercial Driver’s License will suffer additional administrative license penalties if they submit to a breath test with a reading of .04 or greater.

THE IMPLIED CONSENT LAW IN MASSACHUSETTS

The implied consent law in Massachusetts means that as a driver in the State of Massachusetts you agree to submit to a chemical test of your blood or breath if law enforcement have a reasonable suspicion to believe you are under the influence of Alcohol or Drugs. The penalties increase further with a 5 year suspension with two prior DUI’s and a lifetime suspension if you refuse the test and have 3 previous drunk driving offenses. (See Chart below for suspension periods for various OUI offenses)

OUI Chart of Suspensions:
Suspensions for Refusing the Breath Test / Taking a Breath Test:
First Offense – 180 days
Second Offense – Three (3) years
Third Offense – Five (5) Years
Fourth Offense – Lifetime
Under 21 – Three (3) years

*** If you successfully defend an OUI case with a Dismissal or Not Guilty, the lawyer can pursuant to Mass.Gen.L.ch. 90, § 24(1)(f)(1) file a motion to return the license and have a hearing if there are no other alcohol related charges pending against said defendant. At the hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety.

COMMONWEALTH OF MASSACHUSETTS BLOOD ALCOHOL CONCENTRATION (BAC) LEVELS

• All drivers with a BAC of .08 or higher.
• Drivers under the age of 21 will suffer additional administrative License penalties if they submit to a breath test with a reading of .02 or greater.
• Drivers who hold a Commercial Driver’s License will suffer additional administrative License penalties if they submit to a breath test with a reading of .04 or greater.

MASSACHUSETTS BOARD CERTIFIED DRUNK DRIVING DEFENSE LAWYER

Massachusetts board certified drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County.There are only 2 lawyers in the State of Massachusetts that have earned the distinction to be called a “Board Certified OUI Attorney.” Experience matters so If you have been charged with drunk driving (DUI/DWI/OUI) in Massachusetts, contact Milligan & Higgins law firm for a  Free Case Evaluation.