How long will I lose my license if I refused to take the breath test? Or failed the breath test?

ANSWER: First Offense – 180 Days; Second Offense – 3 years; Third offense – 5 years; Fourth offense – Lifetime.Failure of Breath Test – 30 days. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts.

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If I fight my Massachusetts drunk driving charge, do I need to take the stand to testify?

ATTORNEY ANSWER: No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government’s evidence.

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Commonwealth v. D.V. – Attleboro District Court

Charge:           OUI-Second Offense Result:             Case Dismissed Client was stopped by a Massachusetts State Police Officer for weaving and nearly hitting a jersey barrier.  The trooper approached and noticed sign of impairment.  The client failed the Field Sobriety Tests and was placed under arrest.  Client refused to take the breath test. At trial the government was

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Commonwealth v. K.A, – Northhampton District Court

Charge:          OUI-First Offense Result:           NOT GUILTY Massachusetts State Police arrested this client for Operating under the Influence of Alcohol.  This was a Mother coming from a St. Patrick’s Day celebration.  She consumed a responsible amount of alcohol and was upset regarding some family matters as she was speeding.  She pulled her vehicle over close the

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Commonwealth v. J.B – Waltham District Court

Charge:          OUI-3rd offense Result:           Not Guilty Waltham police officers observed the client speed through an intersection and pull into a larking lot.  The officers had a conversation with the client and observed a strong odor of alcohol, slurred speech and noted a condition about his eyes.  The client was administered FST’s but the client had

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Commonwealth v. T.P – Lawrence District Court

Charge:          OUI-Second Offense Result:           Not Guilty Client was arrested by the Massachusetts State Police on Route 93 North.  The client was observed by a civilian swerving and called the State Police.  The State Trooper observed the client swerving as he entered a work zone.  The State Trooper activated his lights and the client pulled over.

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Commonwealth v. J.M. – Plymouth District Court

Charge:           OUI-First Offense Result:            Dismissal Client was stopped for marked lanes violations.  The Marshfield police officer observed the client’s speech to be slurred, his eyes to be red and bloodshot and a strong odor of alcohol.  The client elected to perform field sobriety tests and did not  do well. The government elected not to proceed

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Commonwealth v. D.B. – Brockton District Court

Charge:          OUI –First Offense Result:             Not Guilty Client was driving in a snowstorm and lost control of his vehicle.  The Abington Police arrived and observed the client near the vehicle.  The police engaged the client in conversation to determine where he was coming from and how the accident occurred.  The police observed the

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