(781) 531-8673DUI Attorneys in Melrose, MA
DUI Attorneys in Melrose, MA Aggressively Defending Clients Charged With Driving Under the Influence of Drugs or Alcohol
If you have been arrested and charged with DUI, also known as OUI, in Massachusetts, you are, in all probability, feeling anxious and fearful about what the future holds. A DUI conviction can cause you to experience serious problems that affect your current job, your ability to obtain employment, your relationship with your family and friends, and your car insurance rates.
If you have been arrested for DUI and were also caught driving on a suspended license, you face even greater consequences. Depending on the individual circumstances that surround your case, you may even face time in jail if convicted.
The attorneys of the Martino Law Group, LLC have a vast amount of skill and experience in handling DUI (OUI) cases. We will listen to your side of the story, examine the evidence against you, and build a strong defense on your behalf. We are strongly committed to working to obtain the best possible outcome that is favorable to you.
What is Considered to be Over the Limit in Massachusetts?
Massachusetts state law has extremely strict guidelines that it imposes when it comes to driving an OUI. If you are a non-commercial driver and are 21 years or older, you are considered to be legally intoxicated when your blood alcohol concentration (BAC) is .08 percent or greater or while under the influence of drugs.
If you are under the age of 21, you are considered to be legally intoxicated when your BAC registers .02 percent. For most individuals, this would constitute consuming only one alcoholic beverage.
Drivers who hold a commercial driver’s license (CDL) are held to a higher standard. If their BAC is determined to be .04 percent or greater, they are legally intoxicated. It should be noted that school bus drivers are considered to be commercial drivers. Commercial drivers also need to understand that the BAC limit of .04 percent applies when they are driving their own personal vehicle, not just while they are on the job.
Drug-related DUIs carry the same penalties as alcohol-related DUIs in Massachusetts. Because there aren’t methods to test for drug use like there are for alcohol use, you may be subject to a field sobriety test. A drug recognition expert may be brought in to attempt to establish probable cause. Once arrested, you may be required to submit to a blood or urine test to detect illegal substances in your system.
What are the Penalties for DUI in Massachusetts?
If you are convicted of driving under the influence in Massachusetts, you face very stiff penalties that can impact your personal life, employment, and future prospects.
First-time offenders may be charged with a misdemeanor, imprisoned for up to two and a half years, fined $500 to $5,000, or both. Their driver’s license can be suspended for 45 to 90 days.
If you are convicted of a second DUI offense, you face possible imprisonment of up to 60 days to two and a half years with a potential fine ranging between $600 to $10,000. You will also be slapped with a license revocation of two years. After a period of one year, you may apply for reinstatement of your driver’s license on the grounds of hardship. If the court grants your request, you will be required to use an ignition interlock device for the duration of the period for which you have the hardship license.
If convicted of a third DUI offense, a felony, you can be incarcerated for 180 days to two and a half years with a fine ranging between $1,000 to $15,000. In cases of a third DUI conviction, the revocation period lasts for 8 years. Only after the period of two years are you able to apply for reinstatement. If granted, you will be required to use the ignition interlock device for the duration of your hardship license.
DUI convictions can follow you for the rest of your life. Having a DUI on your record can be enough to miss out on certain job opportunities. These charges can also heavily influence family law issues, like child custody. You need a legal team who has what it takes to defend you and protect your rights.
What is an Ignition Interlock Device?
This device is installed in your vehicle’s ignition system. It will look very similar to a standard breathalyzer test. When you have an ignition interlock device installed in your vehicle, you will have to blow into the device before you can start your vehicle. If you fail the test, your vehicle won’t start.
There are no tricks you can use to circumvent this device. You can’t put pennies in your mouth or use mint gum to cover the presence of alcohol. Having someone else blow into the device for you so you can start your vehicle is illegal. The device will have tamper-evident measures, and when you bring your vehicle in for routine maintenance, the technician will be able to tell if you have tried to tamper with it.
This device is a great way to maintain driving privileges after a DUI, but it comes with many regulations. It is not a “get-out-of-jail-free card.”
How Long Does a DUI/OUI Stay on Your Record?
Massachusetts law has strict rules in place in regard to DUI/OUI cases and allows for what is known as a “lifetime look back.” A lifetime look back allows a prosecutor and the Registry of Motor Vehicles the ability to consider all prior convictions for DUI when assessing penalties against you, no matter how long ago they may have occurred.
The law surrounding DUI convictions is somewhat tricky in that convictions may actually show up in two separate places: your criminal record and your driving history. Your first DUI conviction will appear on your criminal record for life. Although you do have the legal option of requesting that it be sealed from your record, there is no guarantee that your petition will be granted. A first DUI conviction will appear on your driving record for a period of at least 10 years.
What is 24D Probation?
One of the most important steps that a DUI/OUI attorney can take to help you is to keep an OUI off your criminal record. Based on the individual circumstances of your situation, you may be eligible to be placed on 24D probation. A skilled DUI/OUI attorney can negotiate with the prosecution and request that you be admitted into this program.
This probation lasts for a period of two years and will cause your case to be continued for that period of time until you have successfully completed the program. Upon successful completion of the program, that case will be dismissed, and the OUI will not appear on your criminal record. However, it should be understood that the OUI offense will appear on your driving record but may be removed per your request after the 10-year period has passed.
How Can a DUI Attorney Help You?
A DUI lawyer also has the ability to request that your OUI records be sealed or expunged. There are certain stipulations and other requirements that a knowledgeable attorney can discuss with you if you wish to pursue these options. Your DUI attorney should have experience representing clients through the process. When having the DUI charge dismissed is not possible, they will be able to help you minimize the impact of the charge on your life.
The attorneys of the Martino Law Group, LLC understand that individuals can make poor choices that can affect them for the rest of their lives. Our criminal defense attorneys are highly committed to launching an aggressive defense on your behalf. We are ready to fight your charge, minimize penalties like fines, and explain the options available to you. Our team serves all of Massachusetts. Contact our law group by calling (781) 531-8673 and ask to schedule a Consultation with one of our highly qualified DUI attorneys.