Under Massachusetts law, the police must read you your Miranda rights before they subject you to “custodial interrogation.” Incriminating statements are not admissible in court if you were not read your Miranda rights before being interrogated while in custody.
Laws regarding fatigued driving vary state by state, however. Some states, like New Jersey, consider an individual who operates a motor vehicle after not having slept for 24 hours to be a “reckless” driver.
It may seem counterintuitive to charge someone with Driving Under the Influence (DUI), Operating Under the Influence (OUI), or Operating While Intoxicated (OWI) when they were not driving or operating anything. But this does occur in Massachusetts and around the country.
It is possible that your out of state prior DUI will not be a part of your proceedings. This is dependent upon a number of circumstances.
The Massachusetts DUI process can be daunting. In order to navigate the court system and ensure the best possible outcome, you need an attorney by your side.
If you refuse to take a breathalyzer test, you will incur a license suspension. But if an attorney helps you resolve your DUI case in your favor (found not guilty or your case is dismissed), you can file a motion to have your license restored.
An individual is considered impaired and can be charged with an OUI if they drive while under the influence of alcohol, drugs, or a combination of the two.
There are two classifications for CDL offenses in Massachusetts: major offenses and serious offenses. A DUI is considered a major offense, whereas serious offenses are usually moving violations, reckless driving violations, and traffic violations.
The DUI penalties for minors and those under 21 are stricter than those who are over 21. If a driver under the age of 21 refuses to take a breathalyzer test, their license will be suspended for 3 years and they could face additional penalties.
A hardship license is restrictive. It only allows you to drive for a set 12-hour period, usually during your work hours. They are only granted to individuals who can prove that they would suffer significant “hardship” because of the suspension or revocation of their driver’s license.