Know your rights when arrested for drunk driving in Massachusetts

April 17, 2013

While everyone knows that driving while intoxicated is against the law, sometimes the punishment vastly exceeds the circumstances. A man arrested for drunk driving in 2005 recently received a $15.5 million settlement for injuries suffered during his wrongful incarceration.

According to a NBC News report, the man was placed into solitary confinement shortly after his arrest and he languished there for two years without the benefit of a trial. During that time, his mental health deteriorated, he was not allowed to bathe on a regular basis and he was forced to pull his own tooth because he was denied medical treatment.

Although this is an extreme case, it is important for everyone to know their rights if they are facing charges for operating under the influence (OUI), driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol.

Massachusetts drunk driving laws

In Massachusetts, a person may have their license suspended in connection with an OUI if his or her blood alcohol content (BAC) level meets or exceeds the following limits:
- Drivers under the age of 21 -- .02 percent
- Drivers age 21 or older -- .08 percent
- Commercial drivers -- .04 percent

A driver should not assume he or she is below the legal limit based on how he or she feels since a person's BAC level depends on the amount of alcohol consumed as compared to that person's body weight. A person who regularly consumes a couple drinks with dinner may feel in control but may actually have a BAC above the legal limit.

Refusing to take a breathalyzer test will result in an automatic driver license suspension of at least 180-days in Massachusetts. If the driver has a prior conviction on his or her record, the suspension period is extended to three years for one previous offense, five years for two. If the driver is under 21 years old the suspension period is at least three years.

Drivers facing their first drunk driving conviction may incur the following penalties:
- Up to 30 months in jail
- Up to $5,000 in fines
- Over $1250 in additional fees
- Driver license suspension of one year
- Mandatory participation in an alcohol or drug treatment program

Drivers facing their second -- or more -- OUI conviction will incur greater fines and longer license suspension periods and may have to serve more time in jail. Those who drive after a license suspension face additional fines and a mandatory jail sentence.

Consult a lawyer

If you are facing charges for OUI in Massachusetts, obtain assistance from an experienced criminal defense lawyer. A knowledgeable attorney may explain the charges filed against you, educate you about your rights and assist you through the hearings process.

Article provided by Milligan Coughlin LLC
Visit us at www.milligancoughlin.com/