DUI Lawyers of 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 also applies when they are driving their own personal vehicle as well.
What are the Penalties for DUI in Massachusetts?
If you are convicted of driving under the influence in Massachusetts, you face some very stiff penalties that can impact your employment and for the near future.
First-time offenders face the possibility of imprisonment for up to two and a half years, fines ranging from $500 to $5,000, or possibly both. Your driver’s license can be suspended for a period of 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, 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.
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.
How Can a DUI Attorney Help Me?
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.
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.
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. Contact our law group by calling (781) 606-9002 and ask to schedule a free consultation with one of our highly qualified DUI attorneys.