DUI Reference Guide

Massachusetts DUI Laws

If someone drives while they are under the influence of alcohol or drugs they can be arrested for a DUI (driving under the influence) of alcohol in Massachusetts.  Anyone who is found to have a blood alcohol content of 0.08% or exceeding that amount can be arrested.  The level is only 0.02% for driver’s who are less than 21 years of age.

Anytime a police officer stops someone on suspicion that they may be driving while intoxicated or driving under the influence, chemical testing can be requested by the police officer.   A driver is allowed to refuse to take a test.  They should keep in mind that doing so could result in license suspensions.  Additionally, if someone is not will to take chemical testing, the court often sees that as a sign that the driver was in fact under the influence of alcohol or even perhaps drugs.

Police officers might also conduct a field sobriety test in and effort to determine whether or not the person is under the influence of some form of controlled substance.  The results of this testing are typically used during the court case to aid in proving if a person was under the influence or intoxicated at the time that they were driving.  A court case will be heard in front six juror members unless the defendant decides that they want to have only a judge hear the case and not a jury of their peers. 

The number of prior offenses on a person’s record often impacts sentencing for a DUI conviction.  Many states only consider offenses that occurred within a certain number of years.  In Massachusetts, however, any offense in a person’s lifetime can be counted as a DUI offense even if the prior offense was many years prior.  Penalties for a DUI conviction can include license suspensions, fines, time in prison and parole to name a few.

First time offenders can pay fines up to $5000.  In general a minimum fine is usually around $500.  Jail sentences can be for a long as 2 ½ years.  A driver’s license can be revoked for up to 12 months.  Individuals who are on their first offense and were caught with a BAC at or above 0.08% can also have their license suspended by the DMV for at least 30 days.  Suspensions are longer for individuals who were not willing to take a chemical test. 

On a second offense, those convicted can pay fines up to $10,000.  Typically they will pay at least $600.  Jail time can be as much as 30 months.  Unless other arrangements are made, a second time offender will usually spend a minimum of 30 days in jail. 

People with more than one DUI offenses face harsher penalties.  For example, fifth time offenders could serve as much as five years in jail.  Generally they will need to spend at least two years in prison.  Individuals will have their license revoked permanently on a firth offense.  Anytime a person has their license revoked they will need to pay fees in order to retain their license after they fulfill their license suspension.

Those arrested for a DUI in Massachusetts should find a lawyer specializing in DUI cases.  A lawyer can work with a person to assist them in obtaining different types of sentencing requirements if convicted of a DUI.   For instance, sometimes people can serve community service and/or attend treatment programs for alcohol or drug problems in lieu of serving a sentence in jail. 

When the prosecution introduces blood alcohol content tests as evidence that a person was under the influence, a DUI lawyer can work to create doubt as to whether the tests were in fact accurate.  Sometimes there can be question as to the timing of the test or whether the entire procedure was done accurately. 

If a person took a field sobriety test and did not do well, a DUI lawyer can work on this as well.  They are able to ask questions and try to find out if the test might have been inaccurate or not properly administered in some way.  If there is any doubt, sometimes the jury or judge might not consider the test results as valid evidence.