It is extremely intimidating when you have been pulled over for drunk driving (DWI) or Operating Under the Influence (OUI) and a police officer asks you to step out of your car. It is within your rights to, nicely and politely, refuse to perform standard field sobriety tests, such as balancing tests and memory tests. This type of refusal is not the same as refusing to submit to Breathalyzer or blood tests. Regardless of the details, it is important to know that your situation is serious and the result of failing field sobriety tests and Breathalyzers will lead to your arrest and charges of DUI.
In Massachusetts if you are found with a blood alcohol content (BAC) of .08, or the officer determines that your ability to drive safely due to your consumption of alcohol is impaired, you will be arrested for an OUI or Driving / Operating Under the Influence of Alcohol charge. Commercial drivers and drivers under the age of 21 will face even stricter Blood Alcohol Content (“BAC”) requirements and limits. As mentioned above, even if you register a blood alcohol content of less than .08, you can still be arrested if the police believe your consumption of alcohol has impaired your ability to drive safely. If you are found driving under the influence, you will face some very strict punishments and penalties that will not only affect your wallet, but also your freedom.
Massachusetts OUI/DUI Operating / Driving Under the Influence Overview
Drunk driving is taken very seriously in Massachusetts. The penalties for a conviction of Driving / Operating Under the Influence depend upon whether it is adjudicated as a first, second, third, fourth, or fifth and subsequent offense. In addition to facing jail time, fines, and mandatory programming, you will also face a loss up to a lifetime loss of license through the Massachusetts RMV. If you find yourself facing DUI/DWI/OUI charges, it is of the utmost importance to have experienced legal representation on your side. Attorney Bonavita has an in depth understanding of Massachusetts drunk driving case law and can protect your legal rights. Contact her at 1-978-376-6746, or send Attorney Bonavita details of your arrest using the form to the right.
Visit the Breathalyzer/Field Sobriety Test page for information regarding your legal rights regarding Types of Field Sobriety Tests, Challenging Field Sobriety Tests, Refusal of Field Sobriety Tests, Implied Consent.
Your Costs if Arrested for OUI/DUI
It will cost you thousands of dollars if arrested for a first OUI offense. On a first offense OUI, you can face towing charges, statutory fines, license suspension and reinstatement fees, court costs, bail, insurance surcharges, lost work time, transportation costs, mandated programming and attorney fees.
Visit the Massachusetts DUI/OUI Penalties page for information about the Massachusetts Driver Alcohol Education Programs, and the costs and penalties associated with an OUI (operating under the influence), DWI (Driving while intoxicated charge.
Driver’s License Suspension
If you have been arrested or charged with DUI, DWI or OUI, you face not only a criminal proceeding but an administrative hearing on the possible suspension or revocation of your driver’s license. Based on the circumstances of your case at the time of arrest, your rights and responsibilities can vary significantly. You may be eligible for a hardship license or can petition the Registry Board of Appeals for your privilege to drive. Visit the License Suspension and Hardship license page for more information.
<>If you are facing charges for a DUI or OUI in Newburyport, Salem, Boston, Amesbury, Salisbury, Lawrence, Ipswich, or any town in the Essex, Suffolk, or Middlesex counties in Massachusetts, call Criminal Attorney Bonavita immediately at 978-376-6746 or email her with your case information!
