First and second-offense DUIs are misdemeanors in the state of Massachusetts, with some exceptions. Subsequent offenses are considered a felony DUI.
Ignition interlock devices are used in Massachusetts and throughout the country to prevent individuals with a history of DUI from driving while intoxicated. It does not matter how long ago your DUI conviction was. Even if your DUIs occurred thirty years apart, you will still have to install an ignition interlock device.
You are not required to have a lawyer represent you in court if you are facing DUI charges, but it is highly recommended. You should at least consider having a lawyer look at your case.
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.