What Happens To First Time DUI Offenders in Massachusetts?
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According to Massachusetts state law under the DUI/OUI subheading, an offender is deemed Driving in under the Influence when found to have a blood alcohol ration of over.08%, where the simple first time offender for DUI is treated as “alternative disposition” accosting to a plea bargain which entails participation in a court ordered drug-alcohol education program and a temporary suspension of driving license pending sentencing completion.
First time DUI offenders in the State of Massachusetts can be sentenced to a maximum of two and a half years of prison with a fine ranging from $500 to $5000 dollars with a mandatory suspension of one year, with restrictive licensing considered after the first 3 months for work/education and general restrictive licensing privileges after the first 6 months of suspension. An alternative disposition is a plea bargain afforded to first time offenders, where sentencing will merit probation, based on the criminal DUI charges. A mandatory alcohol-drug education program is ordered, to be paid by the defendants with a license suspension of 30 days for adults and 210 days for minors.
Any form of refusal to take a chemical or breathalyzer test in any point of questioning leading up to an arrest or conviction will automatically merit a suspension of 180 days on the first count, where your right to legal representation is waved after being asked to take a breathalyzer or sobriety exam.
Massachusetts Underage DUI
The state of Massachusetts prohibits alcohol consumption by any minor. The state takes minor DUI charges seriously, with an immediate license suspension awarded to someone under the age of 21 but above 18, being found to have a BAC of .02%. Refusal to take a field sobriety test will increase the license suspension from 180 days to another year. A driver under the age of 18 found to be at a BAC level of .02 will merit an automatic license suspension. Volunteering for a Youth Alcohol Program will lessen the license suspension duration. All convicted DUI minors are mandated to go through a Driver Alcohol Education Program or DAEP. There is no jail time recommended for offenders under the age of 21 unless appointed with aggravating circumstance, sever bodily harm, grave public property damage or death.
Unlike other states, Massachusetts may allow a lifetime parameter when cross matching for a DUI charge (other states have a 10 year grace period only) depending on the mitigating circumstances surrounding an offender’s arrest. This may change the severity of your charges from a first offense, and increase fine, jail time and the ability to be eligible for a plea bargain.
Get DUI Help: Repeat Offenses for Massachusetts DUI Arrests
Since the State of Massachusetts observes a looking window policy, conviction of DUI related charges from your parent state or neighboring states are taken into deliberation when measuring the degree and kind of DUI charge filed on your account. In Massachusetts, the interlude of instance in which a judge can evaluate an offender’s documentation (the “look-back” period) is your entire natural life. If you have had a DUI conviction from decades ago, even in another state this will hinder you from receiving First Offender status, thus exposing you to advanced penalties and criminal sentencing.
The second DUI conviction within the looking window has a harsher penalty which could lead to license revocation. There are hardship license application provisions for someone convicted of this degree but only after serving a prescribed time period as indicated during the administrative sentencing.
The criminal punishment for repeat DUI offenders who cause community property damage and even worse accidents which lead to bodily harm and fatality will be subject to the highest form of prosecution claim and will sentence a convicted offender to severe criminal charges – Felony DUI which have a broader sentencing definition.
Hire an experienced Massachusetts DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state. There are reputable law firms with an established practice that will make a significant difference in the outcome of your Massachusetts DUI charge. You can contact DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.