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Massachusetts DUI lawyer Russell Matson's Mass DUI / OUI Laws and Defense Information |
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MA Drunk Driving Defense Home
Massachusetts Drunk Driving Laws & Penalties 2nd Offense Drunk Driving Laws & Penalties What should I do if I've been charged with a second offense? 14 Reasons to Fight Your DUI in Court OUI Case Wins Here is a list of cases just like yours and what happened. Not Guilty results and dismissals. DUI Cases - Frequently Asked Questions What will it cost to hire you? How I charge for OUI defense. Why hire Russell Matson? Training. Experience. Results. 10 Mistakes People Make in their DUI Cases 9 Reasons Why You Can Fail Field Sobriety Tests - Without Being Drunk! Field Sobriety Tests are often set up for you to fail. Here are 9 absolutely legitimate reasons why. Top 9 Lawyers Mistakes in Defending DUI Charges (and how to avoid them) 10 Common Police Mistakes in DUI Arrests 3 Reasons Why Some People Plead Guilty What happens in an OUI court case? What is the arraignment, the pretrial, and other court dates? For a free legal consultation on your Mass DUI/OUI charge from Attorney Russell Matson, please fill out the form below: |
Frequently Asked Questions About Massachusetts DUI LawsIn my DUI practice, I get asked the same questions all the time. Here are some of my collected answers. If you can't find an answer to your question, please call me about your case. Frequently Asked Questions (FAQ) about Massachusetts Drunk Driving Laws:
I just got arrested for a DUI. What do I do?If you haven't been to court yet, you will need to be arraigned, which is usually the next business day. Please read my page on What You Need to Know Before a DUI Court Arraignment. Myself of my associate can represent you at an arraignment, so call me at 781-380-7730 anytime, 24/7. If there isn't time to have an attorney represent you, follow the instructions and you should be fine. Very little actually happens at an arraignment if you don't have an attorney. If you've already been arraigned, and your next court date is a pretrial, here is my OUI pretrial FAQ. Should I fight the case or work out a deal?This is a decision that only you can make, but for most people we recommend that they fight the case, if at all possible. For second or third offenses, fighting the case is virtually always the way to go, since you don't have much to lose - the penalties for being found guilty at trial on a 2nd or 3rd offense are not usually any worse than the plea deal you would get. I win over 2/3’s of the cases I fight. Winning means no conviction on your record, and all the consequences of that conviction – career restrictions, travel restrictions, and more. Winning means no fines, no alcohol education classes, or probation. And winning means you don’t risk future consequences or restrictions the state may decide to add on for anyone with an OUI. The reason most people plead guilty is to be able to drive again immediately, but for the above reasons, everyone should consider if you can somehow manage alternate transportation for a few months, it could be strongly in your best interests to do so. I can help you go through all the pros and cons in my free consultation. If I think it makes sense for you to agree to plead guilty (or CWOF) I will absolutely tell you that. As a lawyer, my primary responsibility is to do what I think is in the best interests of my client. Also see my 14 reasons to fight the case. What happens if I fight the case, and how long will it take?We will take the case to trial in front of either a judge or a jury and it will take us some number of months. There may be 2 or 3 court dates before a trial, which will probably be 6 months out. For a jury trial, it could take a total of 6 months to a year for the case to be resolved. In some circumstances, it is possible to skip preliminary motions and schedule a bench trial immediately. This usually limits our defense options, so it does have disadvantages, but it may give you a chance to resolve the case in 2 months or less. How long did I lose my license for?For a first offense OUI charge, If you refused the breath test you lost your license for 180 days (6 months). If you failed it, you lost your license for 30 days. What will happen if I work out a deal rather then going to trial?In a first offense case, it is very likely that we can work out a deal for the minimum penalty available under the law. The case will be continued without a finding for one year. The judge will suspend you license for 45 days (consecutive with the 180 day breath test refusal or 30 day failure suspension), and you will pay a number of fees and fines. The conditions of your probation will be that you attend and complete the alcohol education program. If you hire me to appear at your arraignment, I can often get the deal worked out that day, so you don't have to come back a month or more later. That way, you can get back on the road with a hardship license as quickly as possible. How long will this stay on my record?It will never go off of your record. And if you get arrested again it will be used against you as a prior offense. What is the difference between a Continuance without a Finding and a Guilty?They are very similar for most purposes but a continuation/ continuance without a finding (CWOF) is not considered a conviction, and therefore you can honestly answer if anyone asks you if you "Have ever been convicted of a crime?", the truthful answer is no. A CWOF does mean that you agree that there are "sufficient facts to establish your guilt. It also will absolutely count as a prior offense or probation violation if you get in trouble with the law again. How would an OUI conviction affect me other then the criminal penalties and the license loss?It could potentially affect employment, if someone decides to run a background check on you, it will appear on your record. Also, Canada is very strict about letting people into their country; even one continuation without a finding, Canada will ban you from entering. Am I going to jail?People virtually never get jail time for a first offense OUI, but it is theoretically possible for a very tough Massachusetts judge to sentence you to jail on a 1st offense. Jail time is rare, but possible on a second (2nd) offense charge. There is a mandatory minimum 5 months in jail for a 3rd offense OUI conviction in Massachusetts, and 1 year for a 4th offense. How and when am I able to get my full license back?On a 1st offense, if you have a Massachusetts License, you are able to get your full license after your license suspension ends. It will vary depending on the charges. It would typically be a total of 225 days (180 + 45) from the date of the incident if you refused the breath test. If you failed the breath test, it is still 45 days from the date of the conviction, plus the 30 from the date of the incident. So if your plea date is within the 30 days, the 45 is tacked on after that for a minimum of 75 days total. However, if you have an out of state license, or if the Registry thinks you have a prior DUI conviction that the court doesn’t know about or can’t prove, it is much more complicated. Is my name going to be in the paper and what can I do about it?For most people the answer is no. There are a few newspapers in Massachusetts that will publish that somebody has been arrested and sometimes at the arraignment you can find a sympathetic Clerk and you can ask them to not give your name to a newspaper. Sometimes police have what is called a police log. Some police departments will also publish their arrest logs online. There is nothing that can be done (that we know of) to stop this from happening. If you are found guilty or plead out, criminal convictions are considered public records. It is very possible that your conviction could show up online at some point in the future. The state of Connecticut is already publishing all convictions since 2000 on a state web site. Currently in Massachusetts, someone would have to do an online background check to find out about your record. But it is certainly possible that in the future, if someone does a google search on your name, a drunk driving conviction could show up. How does having an OUI on my record affect owning a firearm or my right to carry?If you are found guilty of an OUI you will forever lose your license to carry concealed weapons and you will lose your FID card for 5 years. If your case is continued without a finding it does not affect your ability to own a firearm. If I take the case to trial, isn’t it the cops word against mine?No, I look for evidence to prove that the police officer was mistaken, didn’t follow proper procedures, or I provide reasonable explanations to cast doubt on the officers claims. I will fully investigate your case, go to the scene of the crime with you and walk through the officer’s behavior to find mistakes in administering the Field Sobriety tests, or other parts of the stop. I will take pictures at the scene to show evidence of unfair road conditions. I also look into any client’s medical records that might show a condition making you unable to perform any of these tests. Will I have to testify at trial?No, I rarely have my clients testify at trial. Why should I hire Mr. Matson?Mr. Matson has the experience, training, single minded focus, and record of results in beating OUI charges that you need if you are serious about keeping your record clean. Please review his experience and compare it with other attorneys. DUI/OUI is a complicated and technical area of the law. If your lawyer doesn't represent people in OUI cases every day, he may not understand the legal complexities, and defense strategies that the top DWI attorneys are using, nationwide and here in Massachusetts, to great success. If I am convicted, what is the worst thing that can happen to me?The Maximum Penalty for a first offense OUI conviction is 2 ½ years in jail, fines up to $5000, and a 1-year license suspension. Again, I’ve never had a first offense client get jail time. Presumably, it would take an extreme set of circumstances for that to ever happen. If I fight the case and lose, do I get any money refunded on legal fees?No. Unlike personal injury cases in which an attorney can agree to accept a percentage of any financial recovery in a civil case, the Massachusetts Bar prohibits “contingency” fees in criminal cases. With a surgeon, not every operation is a success. Yet, would you go back and ask for a refund of fees paid? No. An attorney (like a surgeon) is compensated for his/her time, knowledge, expertise and legal acumen. That is our “product.” In addition, we set a “fixed” fee -- not hourly -- so you will know how much you will pay for legal services. What do police officers look for when searching for drunk drivers on the highways?The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Safety Administration (NHTSA): (1) Turning with a wide radius Speeding,
incidentally, is not a symptom of DUI; because of quicker judgment
and reflexes, it may indicate sobriety. Some of these accusations
may also result in other Massachusetts criminal traffic charges, such as
Operating to Endanger, or Reckless Driving. I frequently defend against
these charges also, when in conjunction with DUI /drunk driving. Tell the officer you don't want to answer any questions until you speak to an attorney. It is important to be polite and respectful to the police officer, since if you are rude to an officer, you can be sure he will testify to that in front of a jury. What is the officer looking for during the initial detention at the scene? The traditional symptoms of intoxication taught at the MA police academies are:
Under Massachusetts DUI law, you have
no right to an attorney after being asked to take a field sobriety
test. You do have a right to refuse to perform the tests (see
below). Under current drunk driving laws in MA, if you refuse to perform any field sobriety tests the prosecution
is not allowed to introduce evidence of that refusal to a jury.
The reason the officer asks you to perform the field sobriety tests
is so he can use the evidence against you in court. Officers are
also often not well trained in performing these tests and
frequently make mistakes which seriously calls into question any
scientific validity that they may have . Most of the
time, telling the officer that you do not want to perform any tests on
the advice of your attorney is your best bet. Ideally,
most people would like to take the test if they know they will blow
under the legal limit for blood alcohol in Massachusetts, which
is .08, and refuse the test if they know they will blow over the
legal limit. If you are under 21, the Massachusetts legal
limit is .02. If you refuse the breath test, Massachusetts will suspend your drivers license for a minimum of 180 days for a first offense DUI charge. If you fail the breath test then your license is suspended for 30 days. If you choose to plead out, you can get a hardship license in most cases, and minimize the period which you cannot drive. Can they charge me with a breathalyzer refusal, even though I tried to blow into it? Yes, even if you try but it doesn't register on the machine, they will still call it a refusal. This can happen if you have asthma, reduced lung capacity, other problems blowing into the breath test machine, or if the machine itself is broken. We can argue this in the case. The officer never gave me a "Miranda" warning: Can I get my case dismissed? No. The officer is supposed to give a 5th Amendment warning
after he arrests you. Often, however, they do not. The only consequence
is that the prosecution cannot use any of your answers to questions
asked by the police after the arrest. Your best bet is to politely
tell the officer you don't want to speak to him until you have spoken
to your lawyer. You can
represent yourself, but it is not a very good idea. Massachusetts DUI laws
are complicated, and you need someone to help you who understand
the intricacies of MA OUI laws, and has experience
in trials as well as constitutional rights and sentencing issues. A Mass lawyer who
primarily does DUI cases will know the best strategies to employ to give
you the best possible defense. Attorney fees vary widely, depending on the experience of the lawyer. You may find a general practitioner in Massachusetts that will charge you as little as $1,500, a well known expert in Massachusetts DUI law may charge you $10,000 or more. My fees depend on the complexity and seriousness of the case. After I speak with you, I'll tell you exactly what I would charge you to represent you in court. In general, it makes sense to hire the best lawyer you can afford. It may be risky to hire someone just because they are cheaper. OUI laws are very complicated, and an experienced lawyer will identify issues that can help you right away. Some issues to consider are:
More on my DUI fees here. What is the difference between a DUI / OUI / DWI / Drunk driving charge in Massachusetts? There is no difference. In Massachusetts, the specific criminal legal statute refers to "Operating Under the Influence of Intoxicating Liquor", or OUI for short. Different state laws call the same act "Driving Under the Influence" (DUI) or "Driving while Intoxicated" (DWI), but they all essentially mean the same thing: a drunk driving accusation. Is a DUI / OUI charge considered a felony or a misdemeanor in Massachusetts? A first (1st) or second (2nd) offense OUI /DUI is considered a misdemeanor. A third (3rd) or subsequent offence is considered a felony, and includes mandatory jail time if found guilty. See my drunk driving laws & penalties page for more information. Are there any special considerations or concerns for an underage (under 21) or teen DUI arrest? According to Massachusetts DUI Laws, there is a "zero tolerance" policy for minors driving after drinking alcohol. Minor or underage drunk driving charges are taken very seriously. The Massachusetts legal limit for minors is .02 BAC. There may also be other license issues if the driver had a junior operators license. Under Melanie's Law, if you refuse the breath test as an under 21 driver, your license is suspended for 3 years. (It is a 5 year suspension for a 2nd offense under 21). Also, if you are under 21 and fail the breath test with a BAC result of .20 or higher, you will be required to attend a 2 week inpatient alcohol education program if you are found guilty. Make sure your attorney lays out all the possible consequences for a DUI conviction or CWOF, including the effect of a criminal record, and registry & license considerations, if you have a teenage or under 21 Mass DUI case. Also see my MA underage OUI laws page. I actually passed the breath test, but they still arrested me!?! How is that possible? Yes, the police will still arrest and charge you if you blew a .06 or .07 BAC, under the legal limit. Under Massachusetts OUI law, it is their discretion to do so and they can still argue that you were too impaired to drive. This is still highly annoying to you, but it is good news for your court case. For one thing, your license isn't suspended, since you neither refused nor failed the breath test. And many, if not most, judges will dismiss or do a quick bench trial and find you not guilty. However, some judges will be tough and make us jump through hoops to fight the case, and it is still possible to be found guilty, so it depends. But these are excellent cases to fight, and my batting average is nearly perfect on these low BAC cases. So call me at (781)380-7730 and I'll let you know exactly what I can do for you. I know it is frustrating and crazy that you have to go through this, and I sincerely sympathize with you. All I can tell you is that a .07 BAC case is much better than a .08 BAC. You'll want an experienced Massachusetts OUI lawyer to represent you if you've been summonsed to a clerk's hearing, or "show cause" hearing, but the good news is that you may have an opportunity to beat the case at the hearing if there is insufficient evidence for them to charge you. The police may issue you a criminal citation for OUI instead of arresting you in cases where alleged facts about an OUI come out after the incident, or if there is an injury and you are taken to a hospital for medical treatment. (Some of the material above is reproduced courtesy of California DUI attorney Lawrence Taylor, author of DRUNK DRIVING DEFENSE, 5TH EDITION. Much of the material has been altered to reflect Massachusetts DUI laws.) Call me anytime, 24 hours a day for a free phone consultation about Massachusetts DUI laws and how they may apply to your case. I'll tell you exactly what I can do to help you, and answer any questions you may have. No obligation! Attorney Russell Matson (781)380-7730
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