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.
If you’ve spent any time on the road in Massachusetts, you’ve likely seen billboards about “buzzed driving.” The buzzed driving ads raise an important point about the legal nature of DUI.
The length of time that your first DUI stays on your record depends on the state in which the DUI occurred. In almost every state, a first DUI may be reported to employers, insurers, and other relevant entities for a minimum of 10 years.
If you have recently been charged with an OUI here in Massachusetts, you are most likely facing some sort of license suspension. The duration of that suspension will depend on the particulars of your case, but are largely influenced by your prior OUI history (if any) and whether you took or refused the breath test.