January 09, 2013 (Press-News.org) Massachusetts' drunk driving laws have recently undergone significant changes. Following the implementation of Melanie's Law and legislation enacted in the wake of the Massachusetts Supreme Judicial Court's decision in Souza v. Registrar of Motor Vehicles, the penalties for an Operating Under the Influence of Alcohol or Drugs conviction or chemical test refusal can be severe. Some of the consequences include driver's license suspension, fines and possible required use of an ignition interlock device.
Massachusetts' OUI laws
In Massachusetts, a driver may be convicted of OUI if his or her blood-alcohol content is 0.08 percent or greater. In addition, a driver may face OUI charges if his or her BAC was below the legal limit but the arresting police officer believed the individual's ability to drive safely was impaired by alcohol or drugs. In these cases, the driver may have failed a series of field sobriety tests.
When stopped on suspicion of drunk driving in Massachusetts, all drivers are asked to perform a Breathalyzer test to measure their BAC. Although a driver may decline, the consequences of chemical test refusal are harsh and apply immediately. The driver's license is automatically suspended for a minimum of 180 days, and the vehicle will be impounded at cost to the driver.
If the driver has a previous OUI conviction and refuses a chemical test, his or her license is automatically suspended for three years. Chemical test refusal with two prior OUIs results in license suspension for five years. If a driver refuses to perform a Breathalyzer test with three or more previous OUI convictions, his or her license will be revoked for life.
OUI conviction penalties
Further, if a driver fails a Breathalyzer test with a reading of 0.08 percent or greater, his or her license will be automatically suspended for 30 days. Upon conviction for a first-time OUI offense, the driver's license will be suspended for one year, and jail time of up to two-and-a-half years and fines ranging from $500 to $5,000 may be imposed.
For a second OUI conviction, the driver's license will be suspended for two years, and he or she may be fined $600 to $10,000, with the possibility of a prison term for up to two-and-a-half years. A third conviction for OUI carries a penalty of $1,000 to $15,000 in fines, possible jail time for up to five years and license suspension for eight years. For a fourth OUI conviction, the driver's license is suspended for 10 years, and fifth or subsequent convictions result in lifetime license revocation.
Underage OUI laws
Additional penalties may be imposed for drivers under age 21 who are charged with OUI in Massachusetts. If an underage driver refuses to perform a Breathalyzer test when stopped on suspicion of impaired driving, his or her license will be suspended for three years if the refusal is not successfully challenged. In addition, drivers under age 21 who perform a chemical test with a BAC of 0.02 percent or greater may face OUI charges and automatic license suspension. In some cases, completing an alcohol treatment program may shorten the suspension period.
Ignition interlock devices
Drivers convicted of a second or subsequent OUI in Massachusetts must use an ignition interlock device when their driver's license is reinstated or when they receive a hardship license. The ignition interlock device must be used for the entire period of the hardship license and for two years once the driver's regular license is reinstated.
The driver must pay for installation, leasing and maintenance of the ignition interlock device in his or her vehicle. Before the car will start, the driver must blow into the device, and if it registers a BAC greater than 0.02 percent, the car will not start. The driver also must perform BAC tests at random intervals while the car is running and will have five minutes to complete the test once notified. Successful tests, as well as failures and missed tests, are logged with device, and drivers must go to the Registrar of Motor Vehicles every 30 days to transfer this data to the RMV.
As evidenced by this information, a Massachusetts drunk driving conviction can have a significant impact on one's life. If you have been arrested on suspicion of OUI, contact an OUI defense attorney to begin your defense.
Article provided by Dianna L. Abdala Attorney at Law
Visit us at www.bostonmassdefense.com
Drunk Driving in Massachusetts: An Overview of OUI Laws and Penalties
The penalties for a drunk driving conviction or chemical test refusal can be severe, including driver's license suspension, fines and possible use of an ignition interlock device.
2013-01-09
ELSE PRESS RELEASES FROM THIS DATE:
Earnhardt's High-Profile Concussion Puts Spotlight on North Carolina Car Accident Injuries
2013-01-09
Dale Earnhardt, Jr., has one of the most recognizable names in America. He is beloved across the country by NASCAR fans for his own talent and his impressive racing pedigree. Something he was not as well known for until recently, though, was head injuries.
Earlier this year, Earnhardt was involved in two major accidents within a five-week time span. The first crash involved him hitting the wall at Kansas Speedway after a tire blowout. He struck the wall with an estimated 40Gs of force, and even though he was checked out by NASCAR physicians after the accident and continued ...
Spousal or Partner Support in California
2013-01-09
When a couple separates or divorces in California, the court may order one spouse to pay the other a specific amount of money each month. This is called "spousal support" or "alimony" for married couples and "partner support" in domestic partnerships.
How is spousal or partner support accessed?
When a family law court calculates spousal or partner support, a judge considers some of the following factors:
- The length of the partnership or marriage
- Each person's needs based on the standard of living experienced during the marriage ...
Study Shows Increased Fatalities in Overcrowded Emergency Rooms
2013-01-09
When you or a loved one is suddenly faced with a serious medical crisis, the best option is often to go quickly to the emergency room at the nearest hospital. In such situations, the sick or injured individual must put trust in the trained medical professionals to provide the best possible quality of care. Unfortunately, results from a study recently conducted by Oregon Health and Science University have revealed that patients in emergency rooms are less likely to receive adequate care when the emergency department is busy.
The study examined almost one million emergency ...
Sexual Abuse: Maryland Legislators Propose New Mandatory Reporting Bill
2013-01-09
As cases of sexual abuse are uncovered and investigated in the news, state legislators are attempting to tighten laws that address these types of cases.
According to the federal Child Welfare Information Gateway, 47 states and Washington, D.C. impose penalties on mandatory reporters who knowingly and willfully fail to report alleged child abuse. In three states, failure to report purported abuse is a felony.
In Maryland, health practitioners, educators, social service workers and police officers are required to report suspected child abuse to authorities. Furthermore, ...
Increase in Childbirth Complications Raises Concerns
2013-01-09
Annually, there are more than four million births in the United States. And while many of these deliveries are problem free, that is not always the case as roughly 52,000 women are impacted by severe childbirth complications each year, according to the Wall Street Journal.
Even more concerning is that a recent study conducted by the Centers for Disease Control and Prevention (CDC) discovered a drastic 75 percent increase in delivery emergencies in the decade ending in 2009 - emergencies such as heart attacks, stroke, respiratory problems and kidney failure. Also during ...
Government Still Running Way Behind on Social Security Disability Benefit Applications
2013-01-09
In spite of diligent work by government officials, the nation's disability law attorneys and advocates for the disabled, the interminable wait continues for countless Americans seeking Social Security Disability Insurance or Supplemental Security Income disability benefits.
A recent expose published by The Baltimore Sun newspaper shows that applicants are waiting anywhere from 150 days to 635 days for an award of disability benefits. That is, of course, after disabled people have already waited a minimum of five months before a benefit will be paid; the initial delay ...
Drug Distribution Goes Viral: Online Sites Like Craigslist Being Used to Sell Prescription Meds
2013-01-09
As technology becomes more and more integrated into our daily lives, well-intentioned people out to make some quick money have taken to getting rid of leftover prescription medications by selling them online. New York has seen a spate of arrests from an 11-month investigation code-named "Operation dot com" that saw undercover officers and informants purchase nearly $20,000 worth of prescription pain, anxiety, depression, attention deficit disorder and erectile dysfunction drugs.
Some see the sale of a handful of unused pills online as a "victimless" ...
Understanding Illinois Premise Liability During the Winter Months
2013-01-09
The winter is upon us and that means that there's plenty of snow and ice located on many types of surfaces including roadways, driveways and sidewalks. Unfortunately, slip and fall injuries go in tandem with these types of conditions. According to the Centers for Disease Control (CDC), over 1 million people every year in the U.S. sustain some type of fall. Many of these falls occur on premises and, unfortunately, are often times avoidable.
Duty of property owners in Illinois
In certain cases, property owners, or those in control of a property, who fail to correct ...
Arizona DUI Judge Suspected of Driving Under the Influence of Alcohol, Painkillers
2013-01-09
A judge from Coconino County, who was responsible for hearing felony DUI cases, was recently removed from his judicial duties. Last month, the judge was pulled over while driving in Flagstaff, after he was observed swerving toward oncoming vehicles. The law enforcement officer who conducted the traffic stop believed the driver was under the influence of some type of intoxicating substance.
Consequently, the judge was given a breathalyzer test. According to the officer, the driver's BAC was 0.229. Law enforcement officials reported that the judge indicated he had consumed ...
Arizona Legislator Focused on Banning Texting While Driving in 2013
2013-01-09
In recent years, Arizona's legislature has been quick to address the dangers posed by impaired driving. Unfortunately, a similar widespread desire to prohibit distracted driving has not been seen. While Arizona currently has some of the strictest DUI penalties in the nation, including mandatory installation of ignition interlock devices after a single DUI conviction, there are still scant laws on the books regarding cellphone usage while behind the wheel.
One state senator from Tucson is determined to change that disparity in 2013, after years of pushing for stronger ...
LAST 30 PRESS RELEASES:
UC Davis researchers achieve total synthesis of ibogaine
Building better biomaterials for cancer treatments
Brain stimulation did not improve impaired motor skills after stroke
Some species of baleen whales avoid attracting killer whales by singing too low to be heard
Wasteful tests before surgery: Study shows how to reduce them safely
UCalgary researchers confirm best approach for stroke in medium-sized blood vessels
Nationwide, 34 local schools win NFL PLAY 60 grants to help students move more
New software developed at Wayne State University will help study chemical and biological systems
uOttawa study unveils new insights into how neural stem cells are activated in the adult human brain
Cystic fibrosis damages the immune system early on
Novel ‘living’ biomaterial aims to advance regenerative medicine
Warding off superbugs with a pinch of turmeric
Ophthalmic complications in patients on antidiabetic GLP-1 medications are concerning neuro-ophthalmologists
Physicians committee research policy director speaks today at hearing on taxpayer funded animal cruelty
New technology lights way for accelerating coral reef restoration
Electroencephalography may help guide treatments for language disorders
Multinational research project shows how life on Earth can be measured from space
Essential genome of malaria parasite Plasmodium knowlesi mapped
Ice streams move due to tiny ice quakes
Whale song has remarkable similarities to human speech in terms of efficiency
Uncovered: How mice override instinctive fear responses
A pathway that contributes to insulin resistance can be targeted, mouse study shows
Special Issue: The cryosphere
Scientists discover brain mechanism that helps overcome fear
Mantis shrimp clubs filter sound to mitigate damage
Large differences in water-seeking ability found in U.S. corn varieties
Whale song has structure similar to human language
Cracking the Burmese python code: New data zeroes in on game-changing strategies
Risk it or kick it? Study analyzes NFL coaches’ risk tolerance on fourth down
UC3M patents a new design for a soft robotic joint that is more adaptable and robust
[Press-News.org] Drunk Driving in Massachusetts: An Overview of OUI Laws and PenaltiesThe penalties for a drunk driving conviction or chemical test refusal can be severe, including driver's license suspension, fines and possible use of an ignition interlock device.