Drunk Driving and License Suspension in Massachusetts: What to Expect
Introduction
Facing a drunk driving charge in Massachusetts can be a daunting experience, especially when it comes to the potential consequences for your driver’s license. If you or someone you know is dealing with a DUI charge, understanding the process of license suspension and the steps to take can make a significant difference in the outcome of your case. In this comprehensive guide, we will walk you through what to expect when facing a drunk driving charge and license suspension in Massachusetts.
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Twenty-Five (25) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Eighty Percent (80%) of my trials.*
Understanding the Legal Framework
Massachusetts takes drunk driving cases seriously, and the state has established strict laws to combat this issue and ensure road safety. The legal blood alcohol concentration (BAC) limit for drivers over 21 years old is 0.08%, and for drivers under 21, it’s even lower at 0.02%. When arrested for a DUI, you’ll face both criminal charges and administrative consequences related to your driver’s license.
Immediate License Suspension
Upon being arrested for a DUI in Massachusetts, your license could be suspended immediately. This administrative license suspension is separate from the criminal charges you’ll face in court. The length of the suspension can vary based on factors such as your prior record and the severity of the offense.
The 3 Types of License Suspensions
Administrative License Suspension (ALS): As mentioned earlier, this is the immediate suspension that occurs upon arrest. It’s crucial to request a hearing to contest this suspension within a specific timeframe, usually around 15 days.
Court-Ordered Suspensions: If you’re convicted of a DUI in court, the judge may impose a separate license suspension as part of your sentence. This suspension can be more severe, depending on the circumstances of your case.
Breathalyzer Test Refusal Suspension: Massachusetts has an implied consent law, which means that by driving in the state, you automatically consent to a breathalyzer test if suspected of DUI. Refusing this test can lead to an automatic license suspension, even if you’re not ultimately convicted of a DUI.
Steps to Regain Your License
Requesting a Hearing: If you’ve had your license suspended administratively, requesting a hearing is crucial. An experienced DUI attorney can guide you through this process and potentially help you avoid or reduce the suspension.
Legal Representation: When facing DUI charges and license suspension, hiring a skilled criminal defense attorney is essential. A knowledgeable attorney can help you navigate the complex legal system, build a strong defense, and work to minimize the impact on your driving privileges.
Hardship Licenses: In some cases, you might be eligible for a hardship license, also known as a work or Cinderella license. This allows limited driving privileges for specific purposes, such as commuting to work or attending medical appointments.
Completing Court-Ordered Requirements: To reinstate your license after a court-ordered suspension, you’ll need to fulfill all requirements, such as completing alcohol education programs and installing an ignition interlock device if required.
Conclusion
Dealing with a DUI charge and the resulting license suspension in Massachusetts can be overwhelming. However, understanding the legal process and having the right legal representation can make a significant difference in the outcome of your case. If you’re facing these challenges, it’s crucial to act quickly, request a hearing, and seek the assistance of an experienced criminal defense attorney. By taking the right steps, you can work towards minimizing the impact on your driving privileges and moving forward with your life. Remember, each case is unique, so consult with a legal professional to get personalized advice tailored to your situation.
If you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162.
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