Massachusetts OUI Laws
Operating Under the Influence (OUI) is a very serious offense in Massachusetts. This is more than just a minor traffic violation – this is a crime that carries harsh criminal penalties. The penalties range from time in jail and hefty fines to a driver's license suspension.
Massachusetts is a "per se" state. This means that it is illegal to drive with a blood alcohol content (BAC) of .08 percent or higher. If the driver is under the age of 21, the limit is .02 percent.
Even if you take a blood or breath test and the result is above the legal limit, the jury or judge may find you not guilty if they believe that the test was not conducted properly or the reading was inaccurate.
When a person is pulled over on suspicion of OUI, the officer will usually ask the driver to take a field sobriety test and a breath test. If the driver takes the test and fails, his or her license will be suspended for 30 days. If the driver refuses to take the test, his or her driver's license may be suspended for a minimum of 180 days. However, this refusal can not be used in court as consciousness of guilt.
If a driver pleads guilty or is convicted of OUI, this will become a part of his or her permanent record. The offense will be reported to the Massachusetts Registry of Motor Vehicles and will then be reported to the National Driver's License Registry. These records can be accessed by driver's licensing departments across the nation.
A prior OUI offense will come back to haunt you if you are arrested again for drunk driving. The judge will look at your past record to increase the mandatory minimum punishments.
If you have recently been arrested for OUI in Massachusetts, it is crucial that you find an attorney who is knowledgeable in this field. A good defense attorney will walk you through the steps to ensure that your rights are upheld.
If you are interested in speaking to an attorney in your area, you can submit your case online right now. An attorney will contact you shortly to discuss your options.
